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HomeMy WebLinkAboutAGENDA REPORT 2005 0420 CC REG ITEM 08BNOTICE OF CONTINUANCE OF CLOSED PUBLIC HEARING A duly noticed public hearing regarding: Consider General Plan Amendment No. 2001 -05, Specific Plan No. 2001 -01, and Zone Change No 2001 -02 for 1,650 Housing Units on 3,586.3 Acres Located Generally North of Moorpark College and State Route 118 on Land Immediatel y Outside City of Moor2ark Municipal Boundaries, on the A placation of North Park Village LP. was held on April 20, 2005, at which time the City Council continued the closed public hearing to the City Council meeting to be held on May 4, 2005, at 7:00 p.m., in the Community Center located at 799 Moorpark Avenue, Moorpark, California. Dated: April 21, 2005. Maureen Benson, Deputy City Clerk STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss CITY OF MOORPARK ) AFFIDAVIT OF POSTING I, Maureen Benson, declare as follows: That I am the Deputy City Clerk of the City of Moorpark and that a Notice of Continuance of Closed Public Hearing regarding: Consider General Plan Amendment No. 2001 -05, Specific Plan No. 2001 -01, and Zone Chan e No 2001 -02 for 1,650 Housing Units on 3,586.3 Acres Located Generally North of Moorpark College and State Route 118 on Land -immectiateiy Outside City of Moorpark Municipal Boundaries, on the A-pplication of North Park Village LP. continued from April 20, 2005, to May 4, 2005, was posted on April 21, 2005, at a conspicuous location near the place of the meeting: Moorpark Community Center 799 Moorpark Avenue Moorpark, California I declare under penalty of perjury that the foregoing is true and correct. Executed on April 21, 2005. Maureen Benson Deputy City Clerk ITEM 9. B. CITY OF MOORPARK, CALIFORNIA City Council Meeting ACTION: MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Barry K. Hogan, Community Development Direc Prepared By: David A. Bobardt, Planning Man to e DATE: April 12, 2005 (CC Meeting of 4/20/2005) SUBJECT: Consider General Plan Amendment No. 2001 -05, Specific Plan No. 2001 -01, and Zone Change No. 2001 -02, for 1,650 Housing Units on 3,586.3 Acres Located Generally North of Moorpark College and State Route 118 on Land Immediately Outside City of Moorpark Municipal Boundaries, Applicant: North Park Village, LP BACKGROUND On March 16, 2005, the City Council took additional testimony on the North Park project. The agenda item was continued with the hearing open to April 20, 2005, to allow for the Ad -Hoc Committee (Mayor Hunter, Mayor Pro -Tem Harper) to continue discussions with the applicant on a development agreement. DISCUSSION The following information is provided in response to comments and questions raised during the March 16, 2005 hearing. In addition, draft Environmental Impact Report findings are provided for City Council review. Construction Traffic At the March 16, 2005 City Council meeting, questions were raised about the amount of construction traffic that could be expected, as well as the improvements that are proposed for the Collins Drive /Campus Park Drive intersection and the Collins Drive /SR -118 Freeway interchange. The proposed improvements include adding free right -turn lanes from the westbound SR -118 off -ramp at Collins Drive and from northbound Collins Drive at Campus Park Drive, adding a second left -turn lane from westbound 000007 Honorable City Council April 20, 2005 Page 2 Campus Park Drive at Collins Drive, converting the right through -lane of eastbound Campus Park Drive to a right -turn lane, modifying the signal timing at the Collins Drive /Campus Park Drive intersection to adjust for these physical improvements and adding a signal at the eastbound SR -118 off - ramp at Collins Drive. The applicant has estimated that about 300 workers would be on the project site each day during the peak construction period, with considerably fewer workers during initial grading operations. The traffic study in the Revised Draft EIR included an analysis of construction traffic. Its conclusions were that construction traffic would adversely impact the Collins Drive /Campus Park Drive intersection during the afternoon peak hour if more than 200 vehicles left the site during the afternoon peak hour (after 4:00 PM). The improvements proposed for this intersection as well as the Collins Drive /SR -118 Freeway interchange would mitigate this impact. The alternative to mitigate this impact is to limit construction activities so that no more than 200 vehicles from the project enter this intersection during the afternoon peak hour. The applicant has proposed to complete all the proposed improvements in this area for the portions under City control prior to issuance of a grading permit, and for the portions under Caltrans control prior to occupancy of the first house. Because the Caltrans right -of -way begins about 150 feet south of the Collins Drive /Campus Park Drive intersection, most of the proposed improvements, including both free right -turn lanes, would require Caltrans review and permits. Since significant effects on the operation of this intersection are not expected until building activity begins (after initial grading), staff recommends that all improvements be completed prior to issuance of the first building permit. Ballot Issues The applicant has proposed in the General Plan Amendment application a number of items to be subject to voter approval if changes are made to the project. These items include: • The number and density of the homes may not be increased without approval of the Moorpark electorate; 0(1)00 08 Honorable City Council April 20, 2005 Page 3 • The maximum permissible square footage of retail development may not exceed 45,000 square feet without approval of the Moorpark electorate; • The size of the nature preserve and location of the City Urban Restriction Boundary may not be changed without approval of the Moorpark electorate; • The size of the 500 -foot open space buffer may not be changed without approval of the Moorpark electorate; • The 501St building permit may not be issued unless the interchange and access road is operational without approval of the Moorpark electorate; • Access to public parks, the recreation lake, and public trails may not be curtailed without approval of the Moorpark electorate; and • The affordable housing requirement which is proposed to be part of the Development Agreement may not be modified without the approval of the Moorpark electorate. Difference in Significance of Biological Impacts from Hidden ti==lt rTS2 The following information is provided by BonTerra Consulting to address the question, "If both the North Park and Hidden Creek projects are on the same site and the projects have similar characteristics with respect to biological resources, why are the conclusions different ?" Project Summaries Hidden Creek Ranch Specific Plan Project Summary The approximately 4,323 -acre Hidden Creek Ranch Specific Plan was bound by Happy Camp Canyon Regional Park to the north and west; Moorpark College; Campus Park and Varsity Park residential communities; SR -118; and the undeveloped area of Alamos Canyon outside the city limit to the south; undeveloped areas in the City of Simi Valley to the east; and Happy Camp Canyon Regional Park; single - family residential uses (along Walnut Canyon Road) ; and agricultural uses to the west. The proposed Hidden Creek project would have allowed development on approximately for 3,221 residential dwelling units on 000009 Honorable City Council April 20, 2005 Page 4 approximately 1,360 acres; three retail centers on 30 acres; three school sites on 30 acres; two golf courses on 635 acres; parks and an equestrian center on 76 acres; infrastructure (e.g., roads, water reservoirs, etc.) on 127 acres; and 2,065 acres of permanent open space. Therefore, of the 4,323 -acre Hidden Creek site, approximately 2,258 acres (or 52 percent) would have been developed. North Park Village Specific Plan Project Summary The approximately 3,586 -acre North Park Village and Nature Preserve Specific Plan site is bound by Happy Camp Canyon Regional Park to the north; Moorpark College; Campus Hills and Varsity Park residential communities; SR -118; and undeveloped open space to the south; undeveloped open space in the City of Simi Valley to the east; and residential uses and agricultural uses to the west. The proposed North Park Village project would allow for development of 1,650 residential dwelling units on approximately 750 acres; one retail center on 5 acres; one school site on 18 acres; parks and a public lake on approximately 132 acres; public /quasi public uses (i.e., fire station and day care center) on 2 acres; infrastructure on 122 acres; and 2,557 acres of open space and the Nature Preserve, the latter being approximately 2,121 acres. Therefore, of the 3,586 -acre North Park Village site, approximately 1,465 acres (41 percent) would be developed. Findings Two differences relate to the differing project acreage (Hidden Creek was approximately 4,323 acres and North Park Village is approximately 3,586 acres) and the acres of disturbance. The differences in acres and types of disturbance are attributable to different areas of the site subject to disturbance, changes in habitat conditions, and refined mapping techniques. The vegetation types differed between each document. The differences were not substantial but there were differences. The differences were inclusion of alluvial scrub, orchard, and developed /disturbed for the Hidden Creek document and not in North Park. The North Park document included potential native grassland, potential vernal pool, and ruderal. There are also differences in nomenclature. These differences include Venturan 00000 Honorable City Council April 20, 2005 Page 5 sage scrub versus coastal sage scrub. The differences in nomenclature are due to the primary literature used for each document. The Hidden Creek document used "A Preliminary Description of Terrestrial Vegetation Communities in California" (Holland 1986), the standard document used for during the time of preparation of the Hidden Creek document. The North Park document used "List of California Terrestrial Natural Communities Recognized by the CNDDB" (California Department of Fish and Game [CDFG], 2003), in combination with "Preliminary Descriptions of the Terrestrial Natural Communities of California" (Holland, 1986) , and "The California Wildlife Habitat Relationships Database System" (CDFG, 1991), the standard documents used at the time of preparation of the North Park document. The differences of the vegetation types listed in the document are based upon site conditions of the year in which it was mapped. The alluvial scrub in the Hidden Creek document was outside of the North Park Specific Plan boundaries, as well as the orchard. The potential native grassland was identified using soils types. It was very difficult to determine the extent of the native grassland on the site due to the heavy cattle grazing. Therefore, during the preparation of the North Park report extra effort was taken to ensure that the soils maps were used and correlated to the native grass on the site thus adding additional information to this document. The potential vernal pool was a depression later determined, during the wetland delineation, to be an area that did not pond water in the non- native grassland and not a vernal pool. The ruderal corresponds to the disturbed /developed and is also due to nomenclature as listed above. The differences in acreage are due to refined mapping techniques (i.e. GIS and detailed aerial photography) and site changes due to cattle grazing, oil exploration, and /or fire. There are other factors attributable to perceived anomalies in the two EIRs analyses. One factor deals with changes that have taken place in the time frame in which the two EIRs were prepared. This includes changes in the status of species and habitats as determined by the regulatory agencies and modifications to the California Environmental Quality Act (CEQA) Guidelines criteria for the determination of significance. The significance criteria used in the North Park Village Specific Plan EIR contain more detailed and specific determinations for significance while the CEQA Guidelines criteria used in the Hidden Creek EIR contains broad, generalized statements. For 0 0001 Honorable City Council April 20, 2005 Page 6 example a statement from the criterion used for the Hidden Creek EIR states "Substantially diminish habitat for fish, wildlife, or plants." The North Park Village criterion is more specific and states "The project has a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service" and "The project interferes substantially with the movement of any native or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impedes the use of native wildlife nursery sites." These differences resulted during the preparation of the EIR in revisions of the determination of significance and mitigation deemed appropriate. With respect to specific impacts, the impact determination is very similar. Both EIRs identify significant impacts to oak woodlands, coastal sage scrub, U.S. Army Corps of Engineers and California Department of Fish and Game jurisdictional areas, vernal pools, wildlife habitat, and raptor foraging. The Hidden Creek EIR does not have any additional significant impacts. The North Park EIR document also identifies additional significant impacts to native grasslands, wildlife movement, amphibians, and coastal California gnatcatcher. The difference in these impacts is due to updated mapping and survey information. The native grassland determination was made by incorporating soils maps into the analysis and identification of the clay soils that support native grasslands on the site. The wildlife movement was evaluated differently due to additional studies conducted in the area that revealed new information concerning the value of the site for wildlife movement in the region (i.e., the culverts under SR -118) and the ongoing loss of open habitats in the region. The amphibian significance was different due to new observations of spadefoot toad in the region and a decline in the habitat that supports this species between preparations of the reports. And finally, the coastal California gnatcatcher significance differed because surveys were updated and this species was located within the impact area, where previously it had not been. With respect to the level of significance after mitigation, the Hidden Creek EIR considered the loss of wildlife habitat, including wildlife and plant habitat, to result in unavoidable significant impacts; the North Park EIR states these are 000() .11 020 Honorable City Council April 20, 2005 Page 7 significant impacts that can be mitigated to a level less than significant. The difference is attributable to a change in the significance criteria between the times the documents were prepared. The thresholds in the Hidden Creek EIR states that substantially diminishing habitat for fish, wildlife, or plants is significant; the guidelines for the North Park EIR are more specific and protect sensitive habitats or special status species. The North Park EIR does acknowledge that wildlife habitat loss is significant; however; it is determined in the EIR to be mitigated to less than significant with the detailed project design features and mitigation measures. Impacts on oak woodlands are considered significant impacts by both documents. The Hidden Creek EIR document states that mitigation may not be feasible so the impacts are unavoidable significant impacts. The North Park EIR document provides a standard mitigation measure that reduces the level to less than significant. The North Park EIR mitigation measure is consistent with measures typically submitted to the resource agencies and approved for reduction of the impact to less than significant, with additional ordinance information from the lead agency. Impacts to raptor foraging habitat are considered significant by both documents. Hidden Creek EIR does not consider the impact an unavoidable significant impact. North Park EIR states that the loss of foraging habitat for special status raptors is an unavoidable significant impact due to the topography and habitat characteristics of the open space habitats compared to the habitats to be impacted by the project. The updated surveys revealed the occurrence of four special status raptor species (ferruginous hawk, prairie falcon, merlin, and burrowing owl) in the impact area where they had not previously been known to occur. These four species have suffered serious declines in numbers along the coastal region of southern California and are now close to being extirpated from some parts of the region. The difference between the two documents is a result of surveys being updated that revealed the presence of four special status raptor species not previously known to occur and combined with the continued loss of foraging habitat and more recent status information for these species in the region resulted in the impact being a significant unavoidable impact. U000'Al3 Honorable City Council April 20, 2005 Page 8 Jobs /Housing Ratio After the last meeting, Councilmember Mikos raised a question on the relationship of the project to the balance of jobs and housing in Moorpark. The jobs /housing ratio, which measures the number of local jobs compared to the number of housing units, is used as a way of quickly characterizing a community as housing rich, jobs rich, or having a balance of jobs to residents in the labor force. The City's General Plan Land Use Element has a policy (13.1) that, "A balanced jobs /housing ratio should be encouraged." Section 5.3.4 of the Revised Draft EIR analyzed this issue and concludes that the project would have an adverse impact on the jobs /housing balance as it would be adding more housing than jobs to an area that already is housing rich. Draft Environmental Impact Report Findings and Statement of Overriding Considerations The California Environmental Quality Act (CEQA) requires that, "No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding." Findings could be that the significant effect would be avoided or substantially lessened through mitigation or project changes, that the mitigation is the responsibility of another public agency, or that specific economic, legal, social, technological, or other considerations make the mitigation or project alternatives infeasible. Bonterra Consulting has prepared draft findings which are attached to this staff report. These draft findings are presented as Volume IX of the EIR, and would accompany the original Draft EIR (Volume I), technical appendices (Volumes II, III, and VII), comments and responses to comments (Volumes IV, V, and VIII), and Revised Draft EIR (Volume VI), as part of the EIR for this project. Included in these draft Findings is a Statement of Overriding Considerations. Section 15093 of the CEQA Guidelines requires, "the decision - making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental risks when determining whether to approve a project. If the specific economic, legal, social, technological, or other benefits of a proposed project outweigh the unavoidable environmental effects, 0 000y4 Honorable City Council April 20, 2005 Page 9 the adverse environmental effects may be "acceptable." The following table summarizes benefits and unavoidable adverse impacts: considered the project 000011 -5 Project Benefits Unavoidable Adverse Impacts • Provision of 2,123 acre • Conversion of Farmland of nature preserve and 437 Local Importance and acres of open space grazing land to a Non - Agricultural Use • Provision of 1,500 market rate housing units and • Impacts on scenic views 180 housing units affordable to very low • Change of open space and and low income households natural topography to urban development • Provision of local transportation • Increased night lighting improvements including a • Traffic impacts to the new interchange access to intersection of Spring Moorpark College and Road and High Street (if improvements to the the North Hills Collins /Campus Park /SR- Parkway /SR -118 Bypass is 118 interchange not completed with a • Provision on public and connection to the SR -118 publicly accessible parks Freeway) and recreation facilities • Traffic impacts to the including a community SR -118 and SR -23 Freeway park, lakefront park, and System nature park • Loss of habitat for • Provision of a new fire special status raptor station site and funding species mechanism to construct a fire station • Provision of additional funding beyond state - mandated funding to allow for construction of a school • Provision of a new observatory site for Moorpark College's use 000011 -5 Honorable City Council April 20, 2005 Page 10 PUBLIC HEARING PROCESS The Ad -Hoc Committee (Mayor Hunter and Mayor Pro Tem Harper) and applicant have been concluding discussions on major issues in the development agreement and staff is preparing a draft development agreement for consideration by City Council on May 4, 2005 (to refer to Planning Commission for recommendation) . Staff believes that the public has been afforded sufficient opportunity to comment on the General Plan Amendment, Specific Plan, and Zone Change applications and recommends the public hearing be closed to allow for deliberation on these applications by the City Council. These deliberations can be continued to May 4, 2005 and to additional dates as determined by the Council. Consideration of a development agreement will require a public hearing by both the Planning Commission (tentatively scheduled for May 24, 2005) and City Council (date to be determined). STAFF RECOMONDATION 1. Continue to take testimony and close the public hearing. 2. Continue the agenda item to May 4, 2005, with the public hearing closed, to coincide with the consideration of a draft Development Agreement for referral to the Planning Commission. Attachment: Draft EIR Findings 0C, 00�G Attachment B (Mitigation Monitoring and Reporting Program) referenced in the following document was previously included under cover. separate 0000:17 Volume IX Findings of Fact Statement of Overriding Considerations Mitigation Monitoring and Reporting Program North Park Village and Nature Preserve . Specific Plan No. 2001 -01 SCH No. 2002011114 City of Moorpark Community Development Department 799 Moorpark Avenue Moorpark, California 93021 Prepared for the City by: BonTerra Consulting 151 Kalmus Drive, Suite E -200 Costa Mesa, California 92626 April 12, 2004 CC ATTACHMENT North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 VOLUME IX TABLE OF CONTENTS Section FINDINGS OF FACT IN SUPPORT OF FINDINGS FOR SIGNIFICANT ENVIRONMENTAL EFFECTS Page 1.0 CERTIFICATION OF THE FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT........................................................................................... ..............................1 2.0 THE NORTH PARK VILLAGE AND NATURE PREERVE SPECIFIC PLAN NO. 2001 -01 PROJECT .................................................................... ..............................4 3.0 RECORD OF PROCEEDINGS ......................................................... ..............................7 4.0 FINDINGS OF FACT IN SUPPORT OF FINDINGS FOR MITIGATED SIGNIFICANT IMPACTS ................................................................... ..............................8 5.0 FINDINGS OF FACT IN SUPPORT OF FINDINGS FOR IMPACTS THAT CANNOT BE MITIGATED TO A LEVEL CONSIDERED LESS THAN SIGNIFICANT ...90 6.0 FINDINGS REGARDING ORIGINALLY PROPOSED PROJECT AND OTHER ALTERNATIVES.............................................. ............................... ............................102 ATTACHMENT A STATEMENT OF OVERRIDING CONSIDERATIONS 1.0 INTRODUCTION ............................................................................... ..............................1 2.0 SIGNIFICANT UNAVOIDABLE ADVERSE ENVIRONMENTAL IMPACTS .....................2 3.0 OVERRIDING CONSIDERATIONS ................................................... ..............................2 4.0 CONCLUSION .................................................................................. ..............................4 ATTACHMENT B MITIGATION MONITORING AND REPORTING PROGRAM 1.0 INTRODUCTION ............................................................................... ..............................1 2.0 MITIGATION MONITORING AND REPORTING PROGRAM ............ ..............................2 ATTACHMENT C JUNE _, 2005 STAFF REPORT To be provided ATTACHMENT D RESOLUTION FOR CERTIFICATION OF FINAL PROGRAM EIR, ADOPTION OF FINDINGS OF FACT, AND STATEMENT OF OVERRIDING CONSIDERATIONS To be provided SACommunity Development \DEV PMTS \S P \11 -North Park \Environmental \050412 Draft Findings TOC.DOC �1! i �"1� [ Table North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact FINDINGS OF FACT IN SUPPORT OF FINDINGS FOR SIGNIFICANT ENVIRONMENTAL EFFECTS OF THE NORTH PARK VILLAGE AND NATURE PRESERVE SPECIFIC PLAN NO. 2001 -01 PROJECT 1.0 CERTIFICATION OF THE FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT A. OVERVIEW The California Environmental Quality Act (CEQA)1, Public Resources Code Section 21081, provides that: "No public agency shall approve or carry out a project for which an environmental impact report has been certified which identifies one or more significant effects on the environment that would occur if the project is approved or carried out unless both of the following occur: (a) The public agency makes one or more of the following findings with respect to each significant effect: (1) Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment. (2) Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency. (3) Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the environmental impact report." (b) With respect to significant effects which were subject to a finding under paragraph (3) of subdivision (a), the public agency finds that specific overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects on the environment." The City of Moorpark (City) has prepared a Program Environmental Impact Report (EIR) for the North Park Village and Nature Preserve Specific Plan No. 2001 -01 State Clearinghouse Number 200201114 and all related project approvals (Project) in accordance with CEQA, the CEQA Guidelines and the City's environmental procedures. Because the North Park Village and Nature Preserve Specific Plan No. 2001 -01 Final Program EIR identified significant effects that may occur as a result of the Project, the City hereby adopts these Findings, Statement of Overriding Considerations (Attachment A), and a Mitigation Monitoring and Reporting Program (Attachment B) as part of the approval of the North Park Village and Nature Preserve Specific Plan No. 2001 -01 Project and related applications in accordance with the provisions of CEQA, the CEQA Guidelines, and the City's 1 The California Environmental Quality Act is codified at Public Resources Code Sections 21000 et seq. SACommunity Development \DEV PMTS \S P\11 -North Park \Environmental \050412 Draft Findings.doc • i () 0 Yd./ N.. it North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact environmental procedures. The Findings set forth herein are the findings of the City Council adopted in accordance with the provisions of CEQA and the CEQA Guidelines in support of this City Council's decision to approve Alternative A. B. ENVIRONMENTAL REVIEW PROCESS AND CONTENT OF THE PROGRAM ENVIRONMENTAL IMPACT REPORT Due to potential environmental impacts associated with implementation of the identified Proposed Project, and because the proposed action constituted a "project" under CEQA and the State CEQA Guidelines (Calif. Code of Regulations Sections 15000 et seq.), the City prepared the Draft Program EIR for the Proposed Project. The Draft Program EIR identified certain potentially significant effects that could occur as a result of the implementation of the Proposed Project and, in response thereto, identified project design features, standard conditions and requirements, and mitigation measures that would reduce or otherwise eliminate said significant impacts. Consistent with CEQA and the CEQA Guidelines, the Draft Program EIR also identified and analyzed a series of alternatives to the Proposed Project. As required by the CEQA Guidelines, the Draft Program EIR was circulated for public review and comment beginning on July 10, 2003. Although the CEQA Guidelines require a circulation and comment period of only 45 days for draft environmental impact reports submitted to the State Clearinghouse for review, the City released the Draft Program EIR for a 75 -day public review period which ended on September 24, 2003. The City received approximately 135 comments concerning the Draft Program EIR during the public review period as well as comments provided during the public hearings. Consistent with the mandates of CEQA Guidelines Section 15088, the City provided appropriate responses to each comment timely received. A Recirculated Draft Program EIR was prepared to summarize the results and findings of a freeway traffic impact analysis prepared by Austin -Foust Associates, Inc., dated November 2003. The analysis was requested by the California Department of Transportation (Caltrans) in their comment letter on the Draft Program EIR. Caltrans requested that the potential effects of the project on State Route 118 (SR -118) and State Route 23 (SR -23) be assessed. Recirculation was required because the freeway traffic impact analysis determined that Phase A and full buildout of the proposed Specific Plan project would have a significant impact on SR- 118 mainline segments and one mainline segment of SR -23, the latter without planned freeway improvements. Implementation of mitigation measures to address cumulative and project impacts is beyond the ability of any individual development project to execute and, therefore, the project's impacts on the freeway segments would be considered significant and unavoidable. The Recirculated Draft Program EIR was released for public review and comment by the City on December 15, 2003. The 45 -day public review period ended on January 30, 2004. The City received approximately eight comments concerning the Draft Program EIR during the public review period as well as comments provided during the public hearings. Consistent with the mandates of CEQA Guidelines Section 15088, the City provided appropriate responses to each comment timely received. On August 19, 2003, the City Planning Commission (Planning Commission) held its first public hearing to receive and consider public testimony concerning the Proposed Project and the Draft Program EIR. Fourteen additional public hearings were held before the Planning Commission to receive additional information and testimony concerning the Proposed Project and the technical and scientific bases underlying certain elements of the Draft Program EIR. SACommunity Development \DEV PMTS \S P \11 -North Park \Environmenta1\050412 Draft Findings.doc 000 0006,1011. North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact In response to (i) comments received during the public review period, (ii) testimony received during the Planning Commission hearings and (iii) questions posited by members of the Planning Commission, the City proceeded to conduct further analysis and review relative to the Proposed Project and the identified alternatives thereto. At the conclusion of this supplemental analysis period, an alternative to the project, Alternative A, was identified. Alternative A was recommended to the Planning Commission as the Preferred Project. The Planning Commission reviewed all documentation comprising the proposed Final Program EIR and found that the proposed Final Program EIR (i) considered all environmental effects of Alternative A and (ii) is complete, adequate and fully complies with all requirements of CEQA and the CEQA Guidelines. The Planning Commission, in conformity with the recommendation of City staff, issued an advisement that the City Council find the proposed Final Program EIR adequate and complete and certify it as a Final Program EIR in compliance with CEQA Guidelines Section 15091. C. CERTIFICATION FINDINGS The Final Program EIR is comprised of the Draft Program EIR, Recirculated Draft Program EIR, a list of persons, organizations and public agencies commenting on the Draft Program EIR and Recirculated Draft Program EIR, comments received from the public and interested agencies, the Final Responses to Comments prepared by the City, and all appendices and attachments to the Program EIR and all documents incorporated by reference therein. The City Council hereby determines that the Final Program EIR is complete and adequate and has been prepared in accordance with CEQA and the CEQA Guidelines. The City Council further finds and determines that the Final Program EIR provides adequate, good faith, and reasoned responses to all comments raising significant environmental issues. The City Council further finds and determines that the Final Program EIR is adequate and complete for purposes of adoption of the approvals of the Project accompanying these Findings and for making the Findings set forth below. The Final Program EIR identifies significant or potentially significant environmental impacts that may occur as a result of implementation of Alternative A (Project), even with the incorporation of specific measures and programs intended to mitigate said impacts. Thus, in accordance with the provisions of CEQA, the City hereby adopts this Statement of Findings as part of its action to certify the Final Program EIR and approve the Project. CEQA Guidelines Section 15093 requires the decision - making agency to balance, as applicable, the economic, legal, social, technological or other benefits of a proposed project against its unavoidable environmental risks when determining whether to approve a project. Where the decision of the public agency allows the occurrence of significant effects which are identified in the Final Program EIR but are not avoided or substantially lessened, the agency shall state, in writing, the specific reasons to support its action based on the Final Program EIR and /or other information in the record. Such a statement is called the "Statement of Overriding Considerations." In connection with its review and approval of the Preferred Project, the County has prepared the required Statement of Overriding Considerations; the Statement of Overriding Considerations is attached to these Findings as Attachment A and incorporated herein by this reference. A Mitigation Monitoring and Reporting Program has been prepared to monitor and report on the implementation of the project design features, standard conditions and requirements, and mitigation measures identified for the Project. The Mitigation Monitoring and Reporting Program was developed in accordance with the requirements of CEQA Section 21081.6; a copy of the Mitigation Monitoring and Reporting Program is attached hereto as Attachment B and incorporated herein by this reference. SACommunity DevelopmerrADEV PMTS \S P \11 -North Park \Environmenta1\050412 Draft Findings.doc U000�ti North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact Consistent with the provisions of CEQA Guidelines Section 15090(a), the City Council has adopted a resolution certifying the adequacy of the Final Program EIR for the actions described in these Findings, adopting these Findings and adopting the Statement of Overriding Considerations. See Resolution 05 -_ In taking these actions, the City Council specifically finds as follows: The Final Program EIR (as defined, above) has been completed in compliance with CEQA. 2. The Final Program EIR was presented to the City Council and the Council reviewed and considered the information in the North Park Village and Nature Preserve Specific Plan No. 2001 -01 Final Program EIR prior to certifying the Final Program EIR, adopting these Findings, adopting the Statement of Overriding Considerations, and approving the Project. Hearings were held by the Planning Commission on August 19, 2003, September 16, 2003, October 7, 2003, October 21, 2003, November 4, 2003, November 18, 2003, December 2, 2003, December 16, 2003, January 6, 2004, January 20, 2004, February 3, 2004, February 17, 2004, March 2, 2004, March 16, 2004, and April 6, 2004. Hearings were held by the City Council on May 19, 2004, June 16, 2004, July 21, 2004, September 15, 2004, October 20, 2004, November 17, 2004, January 19, 2005, March 16, 2005, and April 20, 2005. 3. The Final Program EIR reflects the City of Moorpark's independent judgment and analysis. In making the foregoing determinations and its decision to approve the Project (see City Council Resolutions Nos. 2005 - through 2005- and Ordinance Nos. - and _), the City Council recognizes that that a range of technical and scientific opinion exists with respect to many of the environmental issues discussed in the Final Program EIR. The City Council has acquired an understanding of the range of this technical and scientific opinion by its review of the Draft Program EIR, Recirculated Draft Program EIR, the comments received on the Draft Program EIR and Recirculated Draft Program EIR, and the responses to those comments set forth in the Final Program EIR, as well as testimony, letters, and reports submitted during the course of the review process. The City Council has reviewed and considered, as a whole, the evidence and analysis presented in the Final Program EIR, including the Draft Program EIR, Recirculated Draft Program EIR, the comments on the Draft Program EIR and Recirculated Draft Program EIR, and the Responses to Comments in the Final Program EIR, as well as the information presented in the reports prepared by various experts, including the EIR consultants, the other experts who assisted in the preparation of the Program EIR, and by City staff, and the other evidence presented during the review process. The City Council has gained a comprehensive and well- rounded understanding of the environmental issues presented by the Project. In turn, this understanding has enabled the City Council to make its decisions after weighing and considering the various viewpoints and evidence bearing on these important issues. 2.0 THE NORTH PARK VILLAGE AND NATURE PRESERVE SPECIFIC PLAN NO. 2001 -01 PROJECT The North Park Village and Nature Preserve Specific Plan No. 2001 -01 Project (referred herein as "the Project" or "Alternative A ") would implement the North Park Village and Nature Preserve Project as originally proposed ( "originally proposed project ") by the project applicant, but would incorporate the following Project refinements: SACommunity Development \DEV PMTS \S P \11 -North Park \Environmenta1\050412 Draft Findings.doc 4 00003 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact • Increasing the school site (Planning Area 21) from 12 acres to 18 net usable acres; • Reducing the size of the day care site (Planning Area 22) from 1.6 acres to 0.5 acres to allow for an increased school size; • Relocating one water tank to avoid impacts to the vernal pool watershed; • Modifying the alignment of Moorpark College Road and /or requiring the adjacent slope to be returned through the use of walls to prohibit encroachment into the vernal pool watershed; • Adding a second wildlife crossing under Moorpark College Road; • Relocating a canyon crossing and bridging the roadways over the easterly canyon to preserve additional trees and allow for an additional wildlife corridor. • Relocating the middle and western entry cottages further into the community; • Consolidating Planning Area 37 and Planning Area 38 into one planning area to create a 9.8 -acre publicly accessible lakeside park with a public swim area, restroom, and changing facilities, and a public boat rental operation; • Shifting the Lakeside Neighborhood Center (Planning Area 49) to the west; • Clarifying that public parking at the Nature Park (Planning Area 11) is a permitted use; • Extending the public trail system around the lake to completely loop around the lake, using paseos where the trail is not immediately adjacent to the lake; • Providing for mixed uses (residential and commercial) in Planning Area 49 to shift 90 units of the required affordable housing from Planning Area 9 and increasing the total number of affordable housing units from 150 Units to 180 units. Therefore, 90 senior affordable housing units will be provided in Planning Area 49, and 90 affordable housing units will be provided in Planning Area 9; • Changing any exhibits or references for Planning Area 10 as a Youth Sports Park to Community Park; • Eliminating night lighting (other than security lighting) at the Community Park (Planning Area 10); • Removing development of 33 residential lots from the outcrop area of the East Las Posas Groundwater Basin and relocating the residential lots into Planning Area 31; • Developing the four -lane access road from the new freeway interchange with a 14 -foot wide median; • Reconfiguring the new four -lane arterial (primary access) into the Specific Plan site from a T- intersection configuration to a loop configuration. The four -lane arterial road leads directly from the new Moorpark College Interchange to the Moorpark College entrance, providing relief to the Collins /Campus Park intersection by providing direct vehicular access into Moorpark College for students and faculty traveling from the east. SACommunity Development \DEV PMTS \S P \11 -North Park \Environmental \050412 Draft Findings.doc 0000 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact • Adding a ranch -style home as an architectural style; • Developing the existing canyon road through the Waste Management site for use during construction activities and for permanent emergency access; and • Adding transit stop locations at the community park and neighborhood commercial areas. The remaining land use components of the Project remain the same. Under Alternative A, the project site would be developed with 1,680 residential dwelling units, inclusive of 180 affordable housing units. Related and supporting uses include a 5 -acre mixed residential /neighborhood commercial center, an 18 -acre school site, a 29.1 -acre public Community Park, 3 public parks, 9 private parks, a 52 -acre publicly accessible lake, a 1.5 -acre fire station site, a 0.5 -acre day care /other quasi public facility site, and a 2,123 -acre Nature Preserve. Ancillary land uses would include, but are not limited to, water reservoirs, detention basins, and a fire service helispot. Alternative A would be developed in two primary phases: Phase A and Buildout. The Phase A portion of the Project would allow for the construction of up to 500 single - family residential dwelling units and two public parks. As a part of Phase A, grading would occur for the 90 unit multi - family affordable housing site (Planning Area 9), the school site (Planning Area 21), the fire station site (Planning Area 23), and day care site (Planning Area 22). Open space lots would be set aside as the adjacent land use parcels are developed and one -third of the Nature Preserve would be conveyed to the City as a part of Phase A. Associated infrastructure improvements would be provided as a part of the Phase A Project. Access to /from the Specific Plan site under Phase A would be via Collins Drive. Buildout (Phases B and C) of the remainder of the Specific Plan site would only be permitted with the completion of an access road and interchange from SR -118. The North Park Specific Plan Project proposes that a "Moorpark College Interchange" would be constructed to serve the buildout of the Project. The Moorpark College Interchange would be located east of Collins Drive. A four -lane arterial roadway would connect the Moorpark College Interchange to the Specific Plan site and provide direct access into Moorpark College. Alternative A would result in similar or reduced environmental impacts when compared to the originally proposed project. This alternative would not eliminate all of the significant, unavoidable impacts that are associated with the originally proposed project as follows: the loss of agricultural land designated as Farmland of Local Importance; short-term and long -term changes to the site's visual character; increased traffic impacts to local roadways and freeway capacities; and loss of foraging and nesting habitat for special status raptor species. Alternative A would reduce impacts to biological resources by providing additional wildlife movement crossings, avoiding impacts to the identified vernal pool watershed, and reducing the number of mature trees to be lost through the relocation of a canyon crossing and bridging canyon crossings. Relocation of 33 residential lots into Planning Area 31 would eliminate potential impacts to the outcrop area of the East Las Posas Basin. Relocation of the middle and western entry cottages further into the community increases public accessibility to the Project's trail system. Alternative A meets the City's and applicant's objectives as set forth in the Final Program EIR 3.0 RECORD OF PROCEEDINGS SACommunity Development \DEV PMTS \S P\11 -North Park \Environmental\050412 Draft Findings.doc 0Cyoozs North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact The North Park Village record of proceedings is specified below. The custodian of the North Park Village record is the Community Development Director, City of Moorpark, 799 Moorpark Avenue, Moorpark, California 93021, Contact Person, Barry K. Hogan (805) 517 -6258 or bhogan(cD-ci.moorpark.ca.us, and the City's EIR consultant, BonTerra Consulting, 151 Kalmus Drive, Suite E -200, Costa Mesa, California 92626, contact person, Dana C. Privitt, AICP, (714) 444 -9199. The North Park Village record shall include, but is not limited to, the following: (a) The Final Program EIR for North Park Village and Nature Preserve, Specific Plan No. 2001 -01 (SCH No. 2002011114), and all related project approvals, including all draft volumes, comments and responses, appendices and all documents cited, incorporated by reference or relied on in that EIR ( "Final Program EIR "); (b) The North Park Specific Plan No. 2001 -01, and all other project approval documents, including volumes, appendices, and all documents cited, incorporated by reference or relied on in the Plan or project approval documents; (c) All reports, Project application materials, memoranda, technical studies, maps, letters, and other planning or Project documents, including all attachments, related documents, and all documents cited, incorporated by reference or relied on in those materials, prepared by the EIR consultant, the project applicant, and Planning staff relating to the North Park Specific Plan No. 2001 -01, all related project approvals, and the Final Program EIR; (d) All staff reports, attachments, and related documents, prepared by the City relating to the North Park Specific Plan No. 2001 -01, all related project approvals, and the Final Program EIR; (e) Any minutes and transcripts of all public meetings and public hearings held by the City's Planning Commission and City Council relating to the North Park Specific Plan No. 2001 -01, all related project approvals, and the Final Program EIR. Hearings were held by the Planning Commission on August 19, 2003, September 16, 2003, October 7, 2003, October 21, 2003, November 4, 2003, November 18, 2003, December 2, 2003, December 16, 2003, January 6, 2004, January 20, 2004, February 3, 2004, February 17, 2004, March 2, 2004, March 16, 2004, and April 6, 2004. Hearings were held by the City Council on May 19, 2004, June 16, 2004, July 21, 2004, September 15, 2004, October 20, 2004, November 17, 2004, January 19, 2005, March 16, 2005, April 20, 2005, and May 18, 2005. (f) All notices issued by the City to comply with CEQA, the state CEQA Guidelines, or any other law governing the processing and approval of the Project or the Final Program EIR; (g) Matters of common knowledge to the City, which include, but are not limited to, the City's General Plan and all applicable municipal code provisions; (h) The documentation of the decisions made by the City Planning Commission and City Council, relating to the North Park Specific Plan No. 2001 -01, all related project approvals, and the Final Program EIR; (i) Any other written materials relevant to the City's compliance with CEQA, and its decision on the merits of the Specific Plan and all related project approvals, SACommunity Development \DEV PMTS \S P \11 -North Park \Environmental \050412 Draft Findings.doc 000.2. G North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact including documents that have been released for public review, and copies of reports, studies or other documents relied on in all environmental documentation prepared for the Specific Plan and either made available to the public during the public review period, or included in the City's files on the Specific Plan. Having considered the foregoing information, the City Council hereby makes findings pursuant to CEQA, Section 21081 of the Public Resources Code, and the CEQA Guidelines, Sections 15091 and 15092. 4.0 FINDINGS OF FACT IN SUPPORT OF FINDINGS FOR MITIGATED SIGNIFICANT IMPACTS The following Findings pertain to each of the impact analyses appearing in Sections 40 and 5.0. A. DETERMINATION OF SIGNIFICANCE THRESHOLDS The City Council finds that the determination of significance thresholds is a judgment decision within the discretion of the City; the significance thresholds used in the Final Program EIR are supported by substantial evidence in the record, including the expert opinion of the Final Program EIR preparers and City staff; and the significance thresholds used in the Final Program EIR provide reasonable and appropriate means of assessing the significance of the adverse environmental effects of the Project. B. INCORPORATION OF FINAL PROGRAM EIR These Findings provide a summary description of each impact, describe the applicable Mitigation Program (project design features, standard conditions and requirements, and /or mitigation measures) identified in the Final Program EIR and adopted by the City Council, and state the City Council's findings on the significance of each impact after imposition of the adopted Mitigation Program. A full explanation of these environmental findings and conclusions can be found in the Final Program EIR and these Findings hereby incorporate by reference the discussion and analysis in the Final Program EIR supporting the Final Program EIR's determinations regarding the Project's impacts and Mitigation Program designed to address those impacts. In making these Findings, the City ratifies, adopts, and incorporates the analysis and explanation in the Final Program EIR in these Findings, and ratifies, adopts, and incorporates in these Findings the determinations and conclusions of the Final Program EIR relating to environmental impacts and mitigation measures, except to the extent any such determinations and conclusions are specifically and expressly modified by these Findings. C. ADOPTION OF MITIGATION PROGRAM The City Council adopts the Mitigation Measures identified in these Findings (as comprehensively set forth in the Mitigation Monitoring and Reporting Program (MMRP) attached hereto as Attachment B) to reduce or avoid the potentially significant and significant impacts of the Project, as well as certain less than significant impacts. In adopting said Mitigation Program, the City Council intends to adopt each of the project design features, standard conditions and requirements, and mitigation measures proposed in the Final Program EIR. Accordingly, in the event a component of the Mitigation Program recommended in the Final Program EIR has inadvertently been omitted from these Findings or Attachment B, such Mitigation Program component is hereby adopted and incorporated in the Findings below by reference. In addition, in the event the language describing the Mitigation Program set forth these Findings or in Attachment B fails to accurately reflect the mitigation in the Final Program SACommunity Development\DEV PMTS\S P \11 -North Park \Environmental \050412 Draft Findings.doc 00002T North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact EIR due to a clerical error, the language of the Mitigation Program as set forth in the Final Program EIR shall control, unless the language has been specifically and expressly modified by these Findings. In evaluating the potential environmental impacts associated with the Project, the Final Program EIR analyzed the following areas of potential environmental impact: land use and related planning programs; aesthetics and visual resources; transportation and circulation; air quality; noise; biological resources; geology and soils; hydrology and water quality; cultural and paleontological resources; public services and utilities; and public health and safety. Section 4.0 of the Findings identifies those impacts that may occur with implementation of the Project, but which impacts were found to be below the relevant threshold(s) of significance. CEQA does not require findings for impacts found to be less than significant and for which mitigation is, accordingly, not required. Nevertheless, the following information is provided in order to summarize the bases for determinations of non - significance for various potential impacts, as presented in the Draft Program EIR. Although impacts determined to be insignificant do not themselves require mitigation, in some cases those Mitigation Programs that have been required to address other impacts found to be potentially significant and in need of mitigation will also further reduce the non - significant impacts. In these cases, the mitigation is is noted, although the impacts would be insignificant even without such measures. MITIGATED SIGNIFICANT IMPACTS The potentially significant impacts identified in the Final Program EIR, but which can be mitigated to a less than significant level through implementation of project design features, standard conditions and requirements, and /or mitigation measures are set forth in this section. This section also sets forth the City's findings with respect to each of the significant impacts, the facts in support of those findings, and those changes and alterations that have been made to the Project to reduce or eliminate potentially significant effects to less than significant levels. The potential significant adverse impacts that would be mitigated are listed in the following subsections. The Moorpark City Council finds that these potential adverse impacts would be mitigated to a level that is considered less than significant after implementation of the project design features, standard conditions and requirements, and recommended mitigation measures. Some of the mitigation measures listed in this Statement of Findings of Fact were not in the July 9, 2003 Draft Program EIR. These measures were added to the Project after the release of the Draft Program EIR. These additional mitigation measures and modified measures are a result of one of the following: (1) the applicant proposed an alternative or additional method to mitigate an impact; (2) the City requested additional mitigation of an impact; or (3) additional or modified measures were added in response to public comments. The additional mitigation measures have been included in the Final Program EIR. Consistent and in compliance with California Environmental Quality Act (CEQA) Guidelines §15088.5, these additional measures have been analyzed and are not expected to create any additional significant impacts, but will lessen impacts anticipated to occur with implementation of Alternative A. As such recirculation associated with the additional mitigation measures was not required. LAND USE AND RELATED PLANNING PROGRAMS Less Than Significant Impact: Affordable Housing SACommunity Development\DEV PMTS \S P\11 -North Park \Environmental \050412 Draft Findings.doc 9 000025 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact Although no significant impacts have been identified, the project applicant will be required to comply with standard conditions and requirements. Finding Consistent with CEQA, Public Resources Code Section 21081, changes or alterations have been required in, or incorporated into, the Project, which mitigate or avoid the significant environmental effects on the environment as identified in the Final Program EIR. Facts in Support of Finding The significant effect has been avoided or mitigated to a level that is less than significant by inclusion of the standard condition and requirement identified in the Final Program EIR. Standard Conditions and Requirements Final Program EIR Section 3.1: Land Use and Related Planning Programs Consistent with the City of Moorpark General Plan Housing Element, the tentative map shall be subject to execution of an Affordable Housing Agreement between the City of Moorpark and the applicant or developer. The Affordable Housing Agreement shall set forth the procedure for meeting an affordable housing requirement of 10 percent of the total number of approved dwelling units. The Agreement may be part of a Development Agreement. Execution of the Affordable Housing Agreement is required prior to first final map approval. Less Than Significant Impact: Parks Although no significant impacts have been identified, the project applicant will be required to comply with standard conditions and requirements. Finding Consistent with CEQA, Public Resources Code Section 21081, changes or alterations have been required in, or incorporated into, the Project, which mitigate or avoid the significant environmental effects on the environment as identified in the Final Program EIR. Facts in Support of Finding The significant effect has been avoided or mitigated to a level that is less than significant by inclusion of the standard condition and requirement identified in the Final Program EIR. Standard Conditions and Requirements Final Program EIR Section 3.1: Land Use and Related Planning Programs • Prior to approval of the first residential unit building permit, the subdivider shall pay fees, dedicate land, and /or make improvements in accordance with Section 8297 -4 of the City's Subdivision Ordinance (Parks and Recreation Facilities). Potentially Significant Impact Unless Mitigated: Agricultural Use /Operations and Residential Use Compatibility SACommunity Development \DEV PMTS \S P \11 -North Park \Environmental \050412 Draft Findings.doc 10 0 000 3 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findinqs of Fact During phased development, the potential interface between agricultural uses /operations and residential uses would be a significant impact. Finding Consistent with CEQA, Public Resources Code Section 21081, changes or alterations have been required in, or incorporated into, the Project, which mitigate or avoid the significant environmental effects on the environment as identified in the Final Program EIR. Facts in Support of Finding The significant effect has been avoided or mitigated to a level that is less than significant by adoption of the following mitigation measure as identified in the Final Program EIR. Mitigation Measure Final Program EIR Section 3.1: Land Use and Related Planning Programs The project applicant shall prepare a home buyer notification package that contains a description and accompanying maps showing the adopted land use plans for the North Park Specific Plan and surrounding areas, including the existence of grazing and agricultural activities and mineral rights (oil extraction) on and /or adjacent to the Specific Plan site. Each homeowner shall be required to affirm, by signature, that he /she is aware of the existing and future development plans onsite and in the surrounding area, and that he /she acknowledges the right of property owners to continue grazing and agricultural activities and mineral extraction operations to the extent allowed under applicable permits. The contents of the notification package shall be reviewed and approved by the Community Development Director prior to the recordation of the first tract map. The project applicant shall provide a 200 - foot -wide minimum width setback from any residential structure adjacent to any onsite or offsite agricultural or grazing operations to reduce the effects of impacts including spraying of pesticides over the adjacent agricultural operation, noise, dust, etc. This required setback shall be incorporated into the Specific Plan and shall be applicable until such time that onsite or offsite agricultural or grazing uses either cease or are converted or developed as a non - agricultural use. Potentially Significant Impact Unless Mitigated: Existing Oil Wells All oil wells located within the boundaries of the development area, including cut and fill areas, would be capped. Two existing oil wells would be located less than 500 feet from residential land uses: Well #5 would be within 400 feet of Planning Area 9 and Well #19 would be within 300 feet of Planning Area 3. Potential land use incompatibilities exist due to the proximity of the existing oil well facilities to proposed development. The primary issue is the safety of persons from trespassing and interfering with the operation of the oil wells and, as a result, becoming injured. Finding Consistent with CEQA, Public Resources Code Section 21081, changes or alterations have been required in, or incorporated into, the Project, which mitigate or avoid the significant environmental effects on the environment as identified in the Final Program EIR. SACommunity Development \DEV PMTS \S P \11 -North Park \Environmental \050412 Draft Findings.doc /' it 11{1 0 (� 0 ter.. North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact Facts in Support of Finding The significant effect has been avoided or mitigated to a level that is less than significant by inclusion of project design features and adoption of the following mitigation measure as identified in the Final Program EIR. Protect Design Features Final Program EIR Section 3.2: Aesthetics and Visual Resources • No new oil exploration or drilling would be permitted in development areas on the Specific Plan site. Existing wells in development areas will be capped. Mitigation Measure Final Program EIR Section 3.1: Land Use and Related Planning Programs 2. All oil and gas wells, the injector well, and the tank farm facility within the boundaries of the Specific Plan site (not terminated pursuant to State regulations) shall be enclosed by a six - foot -high masonry wall with secured gates to prohibit access to the extraction facilities by any persons other than authorized personnel, visually screen the facilities from adjacent uses, and mitigate noise. This requirement applies to facilities that would remain in operation after implementation of the Specific Plan Project. The proposed walls, including elevations, building materials, landscape materials, and means of access to the facilities shall be submitted to the Community Development Director for review and approval prior to the issuance of a grading permit for any sensitive land use within 800 feet of these uses. Potentially Significant Impact Unless Mitigated: Moorpark College Parking Implementation of the North Park Project would preclude construction of a portion of planned parking for Moorpark College. Finding Consistent with CEQA, Public Resources Code Section 21081, changes or alterations have been required in, or incorporated into, the Project, which mitigate or avoid the significant environmental effects on the environment as identified in the Final Program EIR. Facts in Support of Finding The significant effect has been avoided or mitigated to a level that is less than significant by adoption of the following mitigation measure as identified in the Final Program EIR. Mitigation Measure Final Program EIR Section 3.1: Land Use and Related Planning Programs 3. Prior to the recordation of the first final map, the project applicant shall provide the City of Moorpark Community Development Director with a written agreement between Ventura Community College District, the City of Moorpark, and the project applicant that an alternative future parking site acceptable to Moorpark College and the City of Moorpark has been identified to provide parking that would be precluded by SACommunity Development\DEV PMTS \S P \11 -North Park \Environmental \050412 Draft Findings.doc 12 UQ0 "D31 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact implementation of the North Park Specific Plan project, as well as additional students generated by the project. Potentially Significant Impact Unless Mitigated: SR -118 Interchange and Access Road Land Acquistion Implementation of the SR -118 interchange and access road would require either an easement over land owned by Waste Management or the acquisition of the property owned by Waste Management. Finding Consistent with CEQA, Public Resources Code Section 21081, changes or alterations have been required in, or incorporated into, the Project, which mitigate or avoid the significant environmental effects on the environment as identified in the Final Program EIR. Facts in Support of Finding The significant effect has been avoided or mitigated to a level that is less than significant by inclusion of the following mitigation measure as identified in the Final Program EIR. It should be noted that without the acquisition of needed right -of -way for the SR -118 interchange and access road, only Phase A of the Project could be graded or constructed. Mitigation Measure Final Program EIR Section 3.1: Land Use and Related Planning Programs 4. Implementation of the SR -118 interchange and access road would require either an easement over land owned by Waste Management or the acquisition of the property owned by Waste Management. Should the project applicant be unable to directly purchase from Waste Management the right -of -way necessary to construct access road from the proposed Moorpark College SR -118 interchange to the North Park Specific Plan site, the City of Moorpark may acquire, at the developer's expense, including all City costs, all needed right -of -way at fair market value in compliance with California Code of Civil Procedures § §1230.010 regarding eminent domain. Nothing in this condition compels the City to complete the eminent domain process if in the sole and unfettered judgment of the City, condemnation of the access right -of -way is not in the public's interest. A decision by the City not to complete the eminent domain process shall not relieve the applicant from the requirement to construct the interchange and connecting road and does not constitute a waiver of the offsite condition pursuant to California Code of Civil Procedures § §1230.010. TRANSPORTATION AND CIRCULATION Potentially Significant Impact Unless Mitigated: Project Roadway Improvements To serve the Specific Plan site, primary access to the site would be required from a new roadway that would extend northeast from Collins Drive at Campus Road. Additional roadway improvements (identified in Table 3.3 -4 of the Final Program EIR) would be constructed to provide site circulation. Finding SACommunity Development \DEV PMTS \S P \11 -North Park \Environmental \050412 Draft Findings.doc ,61�3 %� 1� [; !� V 0 V 'lf 2 2 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2009 -01 Draft Findings of Fact Consistent with CEQA, Public Resources Code Section 21081, changes or alterations have been required in, or incorporated into, the Project, which mitigate or avoid the significant environmental effects on the environment as identified in the Final Program EIR. Facts in Support of Finding The significant effect has been avoided or mitigated to a level that is less than significant by inclusion of project design features as identified in the Final Program EIR. Project Design Features Final Program EIR Section 3.3: Transportation and Circulation Phase A ■ E Street will be constructed as a two -lane collector road east from Collins Drive /Campus Road to provide access to the Specific Plan site. Buildout ■ Moorpark College Road will be constructed north from SR -118 to the Specific Plan site as a four -lane arterial. This roadway will not be constructed without the prior approval of a new SR -118 interchange. ■ The Moorpark College Interchange will be constructed and connect Moorpark College Road to the Specific Plan site. Potentially Significant Impact Unless Mitigated: Construction Traffic During construction activities associated with the Project, construction worker traffic would significantly impact the intersection of Collins Drive at Campus Park Drive during the p.m. peak hour. Finding Consistent with CEQA, Public Resources Code Section 21081, changes or alterations have been required in, or incorporated into, the Project, which mitigate or avoid the significant environmental effects on the environment as identified in the Final Program EIR. Facts in Support of Finding The significant effect has been avoided or mitigated to a level that is less than significant by adoption of the following mitigation measures as identified in the Final Program EIR. Mitigation Measures Final Program EIR Section 3.3: Transportation and Circulation 1. The proposed Specific Plan has identified improvements at the intersection of Campus Park Drive and Collins Drive to alleviate congestion under short-range conditions due to background traffic as well as project traffic. To mitigate the impacts of construction traffic on the intersection of Campus Park Drive at Collins Drive, the planned improvement shall be completed prior to the construction of the Specific Plan. SACommunity Development \DEV PMTS \S P \11 -North Park \Environmental \050412 Draft Findings.doc 14 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact 2. Prior to the issuance of the first grading permit, a traffic management and construction materials delivery plan shall be prepared by the applicant and approved by the City Engineer and Community Development Director to monitor construction traffic and ensure that there are no additional impacts at the intersections along Collins Drive or anywhere else. The traffic management and construction materials delivery plan shall identify construction - related access to the Specific Plan site from an access easement over Waste Management property at the eastern end of Campus Park Drive, and details about the number of workers and their scheduling based on the phasing of the construction. The traffic management and construction materials delivery plan shall include details about the number of workers and their scheduling based on the phasing of the construction. The traffic management plan can include incentives offered to workers who carpool or vanpool, or satellite offsite parking lots can be established and workers shuttled to the construction site to reduce the amount of construction traffic and its impacts along Collins Drive. The traffic management plan is required to mitigate any and all construction traffic impacts. Potentially Significant Impact Unless Mitigated: Increased Traffic Volumes The Specific Plan (Phase A With Buildout) will generate 22,734 average daily trips (ADT) with 1,395 a.m. and 2,364 p.m. peak hour trips. Phase A will generate 8,264 ADT with 653 a.m. and 1,087 p.m. peak hour trips. Buildout will generate 14,734 ADT with 876 a.m. and 1,277 p.m. peak hour trips. Finding Consistent with CEQA, Public Resources Code Section 21081, changes or alterations have been required in, or incorporated into, the Project, which mitigate or avoid the significant environmental effects on the environment as identified in the Final Program EIR. Facts in Support of Finding The significant effect has been avoided or mitigated to a level that is less than significant by inclusion of standard conditions and requirements as identified in the Final Program EIR. Standard Conditions and Requirements Final Program EIR Section 3.3: Transportation and Circulation For all residential, commercial, and industrial entitlement permits, the applicant shall provide, where feasible and appropriate: A. Transit stop improvements, including but not limited to bus pullouts, bus pads or shelters, as required by the decision - making body or other agency; B. Safe and convenient access for pedestrians and bicyclists from the external circulation system to onsite buildings or internal street/sidewalks (source: Moorpark Municipal Code §17.48.010). SACommunity Development\DEV PMTS \S P \11 -North Park \Environmental \050412 Draft Findings.doc 15 CAc�0?4 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findinos of Fact • As a condition of the issuance of a building permit for each residential unit, the developer shall pay the City of Moorpark a traffic mitigation fee ( "Citywide Traffic Fee "). The Citywide Traffic Fee may be expended by City in its sole and unfettered discretion. • Prior to issuance of a building permit, the developer shall pay to the City of Moorpark the Area of Contribution (AOC) Fees for Los Angeles Avenue AOC. The developer shall also contribute to any cumulative traffic fee program adopted by the City prior to issuance of the first residential building permit for the project. AOC fees shall be those that are in effect at the time of building permit issuance. In addition to the AOC fees, the developer shall be required to make similar pro -rata contributions to any other traffic mitigation related pre- construction impact fees approved by the City Council to offset the long term effects on the City's street system. If the residential portion of the project is constructed prior to any such additional mitigation fee programs being adopted, for impacts to intersections outside of the Los Angeles Avenue AOC, a proportionate share of future improvement costs shall be collected for locations where project traffic has a measurable effect on cumulative traffic volumes. The City Traffic Engineer and Community Development Director shall determine the required contributions prior to issuance of building permits. Fees shall be paid prior to the issuance of these permits. • The applicant of the North Park Specific Plan project shall pay County of Ventura Traffic Impact Mitigation Fees to fund roadway and highway improvements on County facilities resulting in significant impacts to roadways in unincorporated Ventura County. The Specific Plan site is located within County Land Use District 4. Potentially Significant Impact Unless Mitigated: Phase A Intersection Impacts Phase A will generate 8,264 ADT with 653 a.m. and 1,087 p.m. peak hour trips. Two intersections would be significantly impacted: Collins Drive at the SR -118 westbound ramps and Collins Drive at the SR -118 eastbound ramps /Los Angeles Avenue. Signalization would be warranted at the proposed intersections (Collins Drive /Campus Road at E Street and Moorpark College Road at the SR -118 westbound ramps) under Existing Conditions, Short-Range Plus Phase A, and Long Range Plus Buildout scenarios with the exception of the Collins Drive /Campus Road at E Street intersection under the Short-Term Plus Phase A Project scenario once the Moorpark College Road /SR -118 interchange is completed. Finding Consistent with CEQA, Public Resources Code Section 21081, changes or alterations have been required in, or incorporated into, the Project, which mitigate or avoid the significant environmental effects on the environment as identified in the Final Program EIR. Facts in Support of Finding The significant effect has been avoided or mitigated to a level that is less than significant by adoption of the following mitigation measure as identified in the Final Program EIR. Mitigation Measure 2. Final Program EIR Section 3.3: Transportation and CirculationThe project applicant shall fund its pro -rata share of the costs of improvements to the City of Moorpark intersections indicated in Table 3.3 -26 of the Final Program EIR. SACommunity Development\DEV PMTS \S P \11 -North Park \Environmental \050412 Draft Findings.doc 16 0 00n,t North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findinqs of Fact TABLE 3.3 -26 SHORT -RANGE (2007) WITH PHASE A TRANSPORTATION MITIGATION PROGRAM Potentially Significant Impact Unless Mitigated: Project Buildout Intersection Impacts Buildout will generate 14,734 ADT witfi 876 a.m. and 1,277 p.m. peak hour trips. The following intersections would be significantly impacted: Collins Drive at the SR -118 eastbound ramps /Los Angeles Avenue; Tierra Rejada Road at Los Angeles Avenue; Moorpark Avenue at Los Angeles Avenue; SR -23 southbound ramps at Tierra Rejada Road; and Spring Road at North Hills Parkway. Signalization would be warranted at the proposed intersections (Collins Drive /Campus Road at E Street and Moorpark College Road at SR -118 westbound ramps) under Existing Conditions, Short-Range Plus Phase A, and Long Range Plus Buildout scenarios with the exception of the Collins Drive /Campus Road at E Street intersection under the Short-Term Plus Phase A Project scenario once the Moorpark College Road /SR -118 interchange is completed. SACommunity Development\DEV PMTS \S P \11 -North Park \Environmental \050412 Draft Findings.doc 17 0.9001.. Fair Share Improvement Location Improvement Requirement Roadway Improvements Los Angeles Avenue Widen to six lanes from Spring Road to Moorpark Avenue 2% Intersection Improvements 4. Collins Dr. at Campus Park Convert NBR to free NBR, convert 2nd EBT to EBR, add 2nd 9% Drive WBL, and modify signal to provide EBR overlap with NBL 7. Collins Dr. at SR -118 Convert WBR to free WBR 4% westbound ramps 8. Collins Dr. at SR -118 Signalize 4% eastbound ramps /Los Angeles Avenue 10. Tierra Rejada Rd. at Los Add 2nd SBT and modify signal to provide NBR overlap with 1 % Angeles Avenue WBL 12. Spring at Los Angeles Ave. Add 2nd SBL and 3rd WBT, convert 2nd EBL to 3rd EBT and 2% convert NBR to shared 2nd NBT /NBR 13. Science Dr. /Miller Pkwy. Add 2nd WBL, convert 2nd NBL to shared NBL/NBT, convert 3% at New Los Angeles Ave. NBT to 2nd NBR, convert SBT to shared SBL/SBT, and modify signal to provide N/S split phasing and to provide NBR overlap with WBL 21. Miller Pkwy. /Moorpark Modify signal to provide SBR overlap with EBL and EBR 2% Road at Tierra Rejada Rd. overlap with NBL 23. SR -23 southbound ramps at Convert SBL to shared SBL/SBR 2% Tierra Rejada Rd. NBL: northbound left -turn lane NBT: northbound through lane NBR: northbound right -turn lane Note: These abbreviations also apply to southbound, eastbound, and westbound movements Source: North Park Village Specific Plan Traffic Analysis, Austin -Foust Associates, Inc., May 2003. Potentially Significant Impact Unless Mitigated: Project Buildout Intersection Impacts Buildout will generate 14,734 ADT witfi 876 a.m. and 1,277 p.m. peak hour trips. The following intersections would be significantly impacted: Collins Drive at the SR -118 eastbound ramps /Los Angeles Avenue; Tierra Rejada Road at Los Angeles Avenue; Moorpark Avenue at Los Angeles Avenue; SR -23 southbound ramps at Tierra Rejada Road; and Spring Road at North Hills Parkway. Signalization would be warranted at the proposed intersections (Collins Drive /Campus Road at E Street and Moorpark College Road at SR -118 westbound ramps) under Existing Conditions, Short-Range Plus Phase A, and Long Range Plus Buildout scenarios with the exception of the Collins Drive /Campus Road at E Street intersection under the Short-Term Plus Phase A Project scenario once the Moorpark College Road /SR -118 interchange is completed. SACommunity Development\DEV PMTS \S P \11 -North Park \Environmental \050412 Draft Findings.doc 17 0.9001.. North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact Finding Consistent with CEQA, Public Resources Code Section 21081, changes or alterations have been required in, or incorporated into, the Project, which mitigate or avoid the significant environmental effects on the environment as identified in the Final Program EIR. Facts in Support of Finding The significant effect has been avoided or mitigated to a level that is less than significant by adoption of the following mitigation measure as identified in the Final Program EIR. Mitigation Measure 3. Final Program EIR Section 3.3: Transportation and CirculationThe project applicant shall fund its pro -rata share of the costs of improvements to the City of Moorpark intersections indicated in Table 3.3 -27 of the Final Program EIR. TABLE 3.3 -27 LONG -RANGE (2020) WITH SPECIFIC PLAN BUILDOUT TRANSPORTATION MITIGATION PROGRAM SACommunity Development \DEV PMTS \S P \11 -North Park \Environmenta1\050412 Draft Findings.doc 18 000037 Fair Share Improvement Location Improvement Requirement Roadway Improvements Los Angeles Avenue Widen to six lanes from Moorpark Avenue to Gabbert Road/ 1 -2% Tierra Rejada Road, and widen to four lanes from Gabbert Road/Tierra Rejada Road to west of the City limits North Hills Parkway Construct as four -lane arterial from the eastern boundary of 4 -5% the Hitch Ranch Specific Plan site to Spring Road, and as a six -lane arterial from Spring Road to SR -118 Spring Road Widen to four lanes from Peach Hill Rd to Tierra Rejada Road <1% Intersection Improvements 8. Collins Dr. at SR -118 Convert WBT to shared WBT/WBR 4% eastbound ramps /Los Angeles Avenue 10. Tierra Rejada Rd. at Los Add 2nd NBT <1% Angeles Avenue 11. Moorpark Ave. at Los Convert WBR to shared 3rd WBT/WBR and modify signal to 2% Angeles Avenue eliminate WBR overlap with SBL 23. SR -23 southbound ramps at Add 3rd WBT 2% Tierra Rejada Rd. 31. Spring Rd. at North Hills New intersection: signalize and provide NBL, dual NBT, NBR, 4% Parkway dual SBL, dual SBT, EBL, 3 EBT, WBL, 3 WBT, WBR, NBR overlap with WBL and WBR overlap with SBL NBL: northbound left -turn lane NBT: northbound through lane NBR: northbound right -turn lane Note: These abbreviations also apply to southbound, eastbound, and westbound movements Source: North Park Village Specific Plan Traffic Analysis, Austin -Foust Associates, Inc., May 2003. SACommunity Development \DEV PMTS \S P \11 -North Park \Environmenta1\050412 Draft Findings.doc 18 000037 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact AIR QUALITY Potentially Significant Impact Unless Mitigated: Fugitive Dust Emissions The Ventura County Air Pollution Control District (VCAPCD) does not require the quantification of fugitive dust emissions (PM,o emissions). The VCAPCD recommends minimizing fugitive dust, especially during grading and excavation operations. Grading for Phase A and Buildout would result in large quantities of fugitive dust emissions every day during the grading periods. Therefore, the potential for the Specific Plan Project to cause substantial increases in PM10 emissions that could interfere with attainment of particulate standards is high; this is a significant impact. Finding Consistent with CEQA, Public Resources Code Section 21081, changes or alterations have been required in, or incorporated into, the Project, which mitigate or avoid the significant environmental effects on the environment as identified in the Final Program EIR. Facts in Support of Finding The significant effect has been avoided or mitigated to a level that is less than significant by adoption of the following standard conditions and requirements as identified in the Final Program EIR. Standard Conditions and Requirements Final Program EIR Section 3.4: Air Quality All construction contractors shall comply with Ventura County Air Pollution Control District (VCAPCD) regulations, including Rule 51 (nuisance). The applicant shall comply with the following directives for controlling fugitive dust emissions from grading and excavation: a. During clearing, grading, earth moving or excavation operations regular watering shall control dust. In addition the following measures shall apply: 1. The area disturbed by clearing, grading, earthmoving, or excavation operations shall be minimized to prevent excessive dust generation. 2. All trucks shall be required to cover their loads as required by California Vehicle Code §23114. 3. All graded and excavated material, exposed soil areas, and active portions of the construction site, including unpaved on -site roadways, shall be treated to prevent fugitive dust. Treatment shall include, but not be limited to, periodic watering, application of environmentally -safe soil stabilization materials, and /or roll - compaction as appropriate. Watering shall be done as often as necessary and reclaimed water shall be used whenever possible. 4. Signs shall be posted onsite limiting traffic to 15 miles per hour or less. SACommunity Development\DEV PMTS \S P \11 -North Park \Environmenta1\050412 Draft Findings.doc 19 000038 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact 5. Adjacent streets and roads shall be swept at least once per day, preferably at the end of the day, if visible soil material is carried over to adjacent streets and roads. 6. Water all site access roads and material excavated or graded onsite or offsite to prevent excessive amounts of dust. Watering shall occur a minimum of /at least two times daily, preferably in the late morning and after the completion of work for the day. Additional watering for dust control shall occur as directed by the City. Application of water (preferably reclaimed, if available) should penetrate sufficiently to minimize fugitive dust during grading activities. The grading plan shall indicate the number of water trucks that will be available for dust control at each phase of grading. 7. Cease all clearing, grading, earthmoving, or excavation operations during periods of high winds (greater than 25 mph averaged over one hour). The contractor shall maintain contact with the Ventura County Air Pollution Control District (VCAPCD) meteorologist for current information about average wind speeds. Water or securely cover all material transported offsite and onsite to prevent excessive amounts of dust. 8. Keep all grading and construction equipment on or near the site until these activities are completed. 9. All employees involved in grading or excavation operations during dry periods shall use facemasks to reduce inhalation of dust. 10.Wash off heavy -duty construction vehicles before they leave the site. During clearing, grading, earthmoving or excavation operations regular watering shall control dust. Water all site access roads and material excavated or graded onsite or offsite to prevent excessive amounts of dust. Watering shall occur a minimum of two times daily, preferably in the late morning and after the completion of work for the day. Additional watering for dust control shall occur as directed by the City. The grading plan shall indicate the number of water trucks that will be available for dust control at each phase of grading. b. After clearing, grading, earth moving, or excavation operations, and during construction activities, fugitive dust emissions should be controlled using the following procedures: Apply non - hazardous chemical stabilizers to all inactive portions of the construction site. When appropriate, seed exposed surfaces with a fast growing, soil binding plant to reduce wind erosion and its contribution to local particulate levels. 2. Periodically, or as directed by the City Engineer, sweep public streets in the vicinity of the site to remove silt (i.e., fine earth material transported from the site by wind, vehicular activities, water runoff, etc.), which may have accumulated from construction activities. 3. During smog season (May through October), the City shall order that construction cease during Stage II alerts to minimize the number of vehicles and equipment operating, lower ozone levels and protect equipment operators from SACommunity Development \DEV PMTS \S P \11 -North Park \Environmental \050412 Draft Findings.doc 20 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact excessive smog levels. The City, at its discretion, may also limit construction during Stage I alerts. 4. Graded and /or excavated inactive areas of the construction site shall be monitored by the City Engineer at least weekly for dust stabilization. Soil stabilization methods, such as water and roll- compaction, and environmentally - safe dust control materials, shall be periodically applied to portions of the construction site that are inactive for over four days. Upon completion of grading and excavation operations within an area, the area shall be seeded and watered until ground cover grass growth is evident, or periodically treated with environmentally -safe dust suppressants, to prevent excessive fugitive dust. c. The following fugitive dust control measures recommended by the VCAPCD shall be evaluated by the City and by the applicant and shall be implemented if they are found feasible and have not already been incorporated in the preceding mitigation measures: 1. Dust control requirements shall be shown on all grading plans. 2. All trucks shall be required to cover their loads as required by California Vehicle Code §23114. 3. Signs shall be posted onsite limiting vehicle speed to 15 miles per hour or less. 4. All site access roads shall be paved at least 100 feet from the main road. 5. There shall be at least one qualified and authorized person onsite each work day to enforce the provisions of the Fugitive Dust Mitigation Plan and any other applicable fugitive rules, ordinances, or conditions. 6. Personnel involved in grading operations should be advised to wear respiratory protection in accordance with California Division of Occupational Safety and Health regulations. 7. All project construction operations shall be conducted in compliance with all applicable Ventura County Air Pollution Control District Rules and Regulations with emphasis on Rule 50 (Opacity) and Rule 51 (Nuisance). Potentially Significant Impact Unless Mitigated: NO, and ROC Construction Emissions The primary construction - related source of NOx and ROC emissions is heavy equipment. Construction emissions of ROC and NOx are not counted toward the adopted significance thresholds because they are considered by VCAPCD to be temporary. VCAPCD recommends mitigation if they could exceed the daily threshold of 25 pounds per day. This is particularly important when project construction extends over several years, as would be the case for the North Park Specific Plan Project. Phase A and Buildout construction activities would exceed NOx thresholds. Grading activities for Phase A and Buildout have a high potential to cause substantial increases in emissions, resulting in a significant impact. SACommunity Development\DEV PMTS \S P\11 -North Park \Environmental \050412 Draft Findings.doc (�21 000040 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findinas of Fact Finding Consistent with CEQA, Public Resources Code Section 21081, changes or alterations have been required in, or incorporated into, the Project, which mitigate or avoid the significant environmental effects on the environment as identified in the Final Program EIR. Facts in Support of Finding The significant effect has been avoided or mitigated to a level that is less than significant by inclusion of standard conditions and requirements as identified in the Final Program EIR. Standard Conditions and Requirements Final Program EIR Section 3.4: Air Quality • The applicant shall comply with the following measures, as feasible, to reduce NOx and ROC from heavy equipment as recommended by the Ventura County Air Pollution Control District in its Ventura County Air Quality Assessment Guidelines. a. Minimize equipment idling time. Turn equipment off when not in use for more than five minutes. b. Maintain equipment engines in good condition and in proper tune as per manufacturers' specifications. c. Lengthen the construction period during smog season (May through October) to minimize the number of vehicles and equipment operating at the same time. d. Use alternatively fueled construction equipment, such as compressed natural gas (CNG), liquefied natural gas (LNG) or electric, if feasible. • Comply with all applicable provisions of the City of Moorpark's Transportation Demand Management Ordinance. Potentially Significant Impact Unless Mitigated: Diesel Exhaust Particulate Matter The California Air Resources Board has identified diesel exhaust particulate matter as a Toxic Air Contaminant JAC). Diesel exhaust includes hundreds of different gaseous and particulate components, many of which are toxic. The VCAPCD Guidelines do not specifically address diesel exhaust as a TAC. However, the South Coast Air Quality Management District (SCAQMD) issued Health Risk Assessment Guidance for Analyzing Cancer Risks from Mobile Source Diesel Emissions in December 2002. The inhalation risk of cancer is 300 in one million if a person inhales 1 µg /m3 of diesel exhaust continuously for 70 years. The SCAQMD's guidance is directed at large indirect sources, such as truck stops and distribution centers, where there are large numbers of diesel trucks in one area in continuous operation over many years and where there may be sensitive receptors in close proximity that are continuously exposed. The guidance does not address construction emissions because these occur over a limited period, are intermittent, and, in the case of large developments, may occur in many locations at different times. These emissions are dispersed in the air, thereby reducing downwind concentrations. Heavy equipment operators are the most at risk. SACommunity Development \DEV PMTS \S P \11 -North Park \Environmental \050412 Draft Findings.doc 22 0 00017 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findinas of Fact Finding Consistent with CEQA, Public Resources Code Section 21081, changes or alterations have been required in, or incorporated into, the Project, which mitigate or avoid the significant environmental effects on the environment as identified in the Final Program EIR. Facts in Support of Finding The significant effect has been avoided or mitigated to a level that is less than significant by inclusion of the following mitigation measure as identified in the Final Program EIR. Mitigation Measure Final Program EIR Section 3.4: Air Quality In order to reduce diesel fuel engine emissions, the project applicant shall require that all construction bid packages include a separate "Diesel Fuel Reduction Plan." This plan shall identify the actions to be taken to reduce diesel fuel emissions during construction activities (inclusive of grading and excavation activities). Reductions in diesel fuel emissions can be achieved by measures including, but not limited to, the following: a) use of alternative energy sources, such as compressed natural gas or liquefied petroleum gas, in mobile equipment and vehicles; b) use of "retrofit technology," including diesel particulate trips, on existing diesel engines and vehicles; and c) other appropriate measures. Prior to the issuance of a grading permit, the Diesel Fuel Reduction Plan shall be filed with the City of Moorpark Community Development Department. The Diesel Fuel Reduction Plan shall include the following provisions: a. All diesel fueled off -road construction equipment shall be California Air Resources Board (CARB) certified or use post- combustion controls that reduce pollutant emissions to the same level as CARB certified equipment. CARB certified off -road engines are engines that are three years old or less and comply with lower emission standards. Post - combustion controls are devices that are installed downstream of the engine on the tailpipe to treat the exhaust. These devices are now widely used on construction equipment and are capable of removing over 90 percent of the PM10, carbon monoxide, and volatile organic compounds from engine exhaust, depending on the specific device, sulfur content of the fuel, and specific engine. The most common and widely used post- combustion control devices are particulate traps (i.e., soot filters), oxidation catalysts, and combinations thereof. b. All diesel fueled on -road construction vehicles shall meet the emission standards applicable to the most current year to the greatest extent possible. To achieve this standard, new vehicles shall be used or older vehicles shall use post- combustion controls that reduce pollutant emissions to the greatest extent feasible. c. The effectiveness of the latest diesel emission controls is highly dependant on the sulfur content of the fuel. Therefore, diesel fuel used by on -road and off -road construction equipment shall be low sulfur ( >15 ppm) or other alternative low polluting diesel fuel formulation such as PuriNOxTM or Amber363. Low sulfur diesel fuel shall be required by existing regulations after the year 2007 and it is already being produced and sold as the regulation is phased in. SACommunity Development\DEV PMTS \S P \11 -North ParMEnvironmenta1\050412 Draft Findings.doc 023 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact Potentially Sianificant Impact Unless Mitiaated: Operational Emissions Ventura County is an attainment area for all state and national carbon monoxide standards. The VCAPCD's Air Quality Guidelines recommend conducting a screening CO analysis for any project whose indirect emissions exceed VCAPCD's significance thresholds. This "hot spot" analysis should be undertaken for any intersection impacted by a project that currently exceeds, or is expected to exceed, Level of Service (LOS) E or F because of project traffic. The Project includes roadway improvements that would improve the level of service at all intersections to LOS C or better in 2007 and 2020. Therefore, the North Park Specific Plan Project is exempt from a CO analysis using the VCAPCD's criteria because the only intersections currently at LOS E or LOS F will be at acceptable levels of service upon Project implementation with mitigation. The primary source of operational emissions would be vehicle trips. Based on the traffic analysis (Austin -Foust Associates, Inc., March 2003), there would be 31,404 daily trips generated by the Project at buildout. There would also be emissions from natural gas, landscaping, and consumer products. Based on VCAPD significance thresholds, both NOX and ROC operational emissions would exceed thresholds under Phase A and Buildout conditions. Finding Consistent with CEQA, Public Resources Code Section 21081, changes or alterations have been required in, or incorporated into, the Project, which mitigate or avoid the significant environmental effects on the environment as identified in the Final Program EIR. Facts in Support of Finding The significant effect has been avoided or mitigated to a level that is less than significant by adoption of the following mitigation measures as identified in the Final Program EIR. Mitigation Measures Final Program EIR Section 3.4: Air Quality Traffic mitigation measures incorporated into the Project would reduce local impacts to less than significant levels. 2. Prior to the issuance of a building permit for the construction for each residential unit and the commercial center, the developer shall make a contribution to the Moorpark Traffic Systems Management (TSM) Fund to fund TSM programs or clean -fuel vehicles programs, as determined by the City of Moorpark using the latest URBEMIS program for reactive organic compounds or nitrogen oxide emissions in excess of the daily threshold over a three -year period from Buildout. Fees shall be assessed in accordance with the Ventura County Air Pollution Control District Assessment Guidelines. 3. Prior to the issuance of the first building permit, the applicant shall demonstrate to the City of Moorpark that all North Park Specific Plan structures have been designed and shall be constructed to be at least 20 percent more energy efficient than required by the energy efficiency standards of the State Building Code, Title 24, California Code of Regulations, Part 6— California Energy Efficiency Standards for Residential and Nonresidential Buildings). SACommunity Development\DEV PMTS \S P \11 -North Park \Environmental \050412 Draft Findings.doc 24 0`iY00113 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact NOISE Less Than Significant Impact: Construction - Related Noise Impacts For short periods, grading equipment operating directly adjacent to the existing residences to the south would generate significant noise levels at these homes. Because construction noise generated during daytime hours is permitted (as set forth in Section 15.26.010 of the Municipal Code), it is not a significant impact. Finding Consistent with CEQA, Public Resources Code Section 21081, changes or alterations have been required in, or incorporated into, the Project, which mitigate or avoid the significant environmental effects on the environment as identified in the Final Program EIR. Facts in Support of Finding Although considered a less than significant impact, the following standard conditions and requirements and mitigation measure are applicable, as identified in the Final Program EIR. Standard Conditions and Requirements Final Program EIR Section 3.5: Noise • Construction activities shall be limited to between 7:00 a.m. and 7:00 p.m. Monday through Saturday. Construction work on Saturdays will require payment of a premium for City inspection services, and may be further restricted or prohibited should the City receive complaints from adjacent property owners. No construction work is to be done on Sundays, and City observed holidays pursuant to Section 15.26.010 of the Municipal Code. Mitigation Measure Final Program EIR Section 3.5: Noise 1. The developer shall ensure that construction equipment is fitted with modern sound reduction equipment as identified in Section 3.5 of the Final Program EIR. Potentially Significant Impact Unless Mitigated: Vehicular Noise Increases Within the Specific Plan site, residences along roadways may experience outdoor noise levels exceeding the City's 65 CNEL standard and indoor levels exceeding the City's 45 CNEL standard. Other proposed uses may also be exposed to noise levels in excess of the City's standards, creating a significant impact. Finding Consistent with CEQA, Public Resources Code Section 21081, changes or alterations have been required in, or incorporated into, the Project, which mitigate or avoid the significant environmental effects on the environment as identified in the Final Program EIR. SACommunity Development \DEV PMTS \S P \11 -North Park \Environmental \050412 Draft Findings.doc 25 09()Q "�! North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findinqs of Fact Facts in Support of Finding The significant effect has been avoided or mitigated to a level that is less than significant by adoption of the following mitigation measures as identified in the Final Program EIR. Mitigation Measures Final Program EIR Section 3.5: Noise 2. When final grading plans become available and prior to grading permit issuance, an acoustical analysis shall be performed to determine the exact height and location of barriers required to meet the City exterior noise standards. This analysis shall be prepared by a qualified acoustical engineer and be reviewed and approved by the City prior to permit issuance. A wall with a maximum height of 6.5 feet would reduce traffic noise levels to below 65 CNEL for homes along a roadway. Homes may be required to provide approximately 25 dB of outdoor -to- indoor noise reduction. With typical residential construction, at least 20 dB of outdoor -to- indoor noise reduction is achieved with windows closed. Air conditioning of residential units provides adequate ventilation to assume that windows remain closed. With additional building upgrades, outdoor -to- indoor noise reductions of up to 32 dB can be achieved. All residences would require less than 32 dB of outdoor -to- indoor noise reduction. 3. At the time detailed architectural drawings become available and prior to building permit issuance, an acoustical analysis shall be performed that outlines a program for implementation of the Noise Standard of 65 CNEL (Community Noise Equivalent Level) at all locations within the development. The City also requires that interior noise levels attributable to exterior noise sources not exceed 45 CNEL. The program shall specify any upgrades to the standard construction required to meet the standard. This analysis should be prepared by a qualified acoustical engineer and be reviewed and approved by the City prior to permit issuance. 4. The City of Moorpark Community Development Director shall review all uses to be located at the Neighborhood Commercial site. If the City determines that any proposed use will potentially exceed the Noise Ordinance limits, an acoustical analysis shall be prepared to ensure that the use does not violate the Noise Ordinance. The analysis shall document the sources of noise generated by the use and show compliance with the Noise Ordinance and any measures required for compliance. This analysis shall be prepared by a qualified acoustical engineer and be reviewed and approved by the City of Moorpark Community Development Director prior to permit issuance. BIOLOGICAL RESOURCES Potentially Significant Impact Unless Mitigated: Habitat_ Changes and Loss of Coastal Sage Scrub Construction of Phase A and Buildout would impact approximately 1, 139.2 acres of the Specific Plan site including: coastal sage scrub -342.6 acres (Phase A: 147.5 acres; Buildout: 195.1 acres); chaparral -65.1 acres (Phase A: 45.4 acres; Buildout: 19.7 acres); native grassland /potential native grassland -34.6 acres (Phase A: 28.1 acres; Buildout: 6.5 acres); non- native grassland -617.2 acres (Phase A: 233.8 acres; Buildout: 383.4 acres); riparian habitat - 46.3 acres (Phase A: 42.5 acres; Buildout: 3.8 acres) including U.S. Army Corps of Engineers (USACE) jurisdictional "Waters of the US" -4.75 acres (Phase A: 2.43 acres; Buildout: SACommunity Development \DEV PMTS\S P \11 -North Park \Environmental \050412 Draft Findings.doc 26 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findinas of Fact 2.32 acres) and California Department of Fish and Game (CDFG) jurisdictional waters -25.03 acres (Phase A 16.63 acres; Buildout: 8.4 acres); coast live oak woodland -709 oak trees (Phase A: 534 trees; Buildout: 175 trees); ruderal -27.6 acres (Phase A: 11.7 acres; Buildout: 15.9 acres). The loss of primarily high quality wildlife habitat and its concomitant loss of wildlife resulting from both Phase A and Buildout of the project site is considered a significant impact. The loss of key habitats and species related to implementation of this Project would contribute to a cumulative significant effect on biological resources. Finding Consistent with CEQA, Public Resources Code Section 21081, changes or alterations have been required in, or incorporated into, the Project, which mitigate or avoid the significant environmental effects on the environment as identified in the Final Program EIR. Facts in Support of Finding With respect to modifications to habitat, the significant effect has been avoided or mitigated to a level that is less than significant by inclusion of project design features and adoption of the following mitigation measure as identified in the Final Program EIR. Project Design Features Final Program EIR Section 3.6: Biological Resources • Open Space Nature Preserve. This project design feature would offset the impacts on coastal sage scrub vegetation and native grassland vegetation. Approximately 2,123 acres of the site will be preserved as a Nature Preserve. Table 3.6 -5 of the Final Program EIR lists the acres of habitat located within the Nature Preserve. The Nature Preserve would be dedicated open space. The size of the open space cannot be changed without an affirmative vote of the electorate of the City of Moorpark. Uses within the Nature Preserve are proposed to be limited to the following: biological and cultural research, education, management, revegetation, restoration, and enhancement, astronomical observatory, all oil and gas activities within easements and quitclaims granted prior to the enactment of the Specific Plan, and hiking trails and utility and water transmission lines necessary to connect permitted public or quasi - public facility uses to adjust development. TABLE 3.6 -5 ACRES BY VEGETATION TYPE IN THE NATURE PRESERVE Vegetation Type Nature Preserve Acres Coastal sage scrub 610.9 Chaparral 911.3 Potential native grassland 63.3 Non - native grassland 419.2 SACommunity Development \DEV PMTS \S P \11 -North Park \Environmental \050412 Draft Findings.doc 27 0 000 114, Ci North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact Southern coast live oak riparian forest 48.9 Mule fat scrub 0.5 Coast live oak woodland 50.9 Vernal pool 0.4 Potential vernal pool 0.9 Ruderal 14.7 Total 2,121.0 Source: BonTerra Consulting, 2003. • A Conservation Organization shall be chosen by the City of Moorpark (in coordination with the U.S. Fish and Wildlife Service and the California Department of Fish and Game if necessitated by any regulatory permitting requirements) to manage the Nature Preserve. The project applicant shall provide a mechanism (such as a non - wasting endowment or landscape maintenance district) acceptable to both the City and Conservation Organization to fund ongoing management costs of the Conservation Organization. Culverts with a minimum diameter of five feet shall be provided under the access road connecting the Specific Plan site to the SR -118 Moorpark College Interchange. In addition, an underpass shall be constructed under this access road approximately 500 feet south of Hidden Creek Canyon. The east side of the underpass shall connect with an access road along which shall be placed wildlife fencing. The wildlife fencing shall be placed along the west side of the access road and guide wildlife to the underpass. The west side of the underpass shall open up immediately into natural open space. The bottom of the underpass shall have a natural substrate to facilitate wildlife movement. The dimensions of the underpass shall meet the minimum requirements needed for mule deer to pass through. The opening (from one end of the underpass to the other) shall be 0.9 or greater based on the following mathematical formula: height times (width divided by length) equals 0.9 or greater. Wildlife guzzlers shall be installed at the existing crossing of the SR -118 and near all new Project culverts and underpasses selected for wildlife movement. A guzzler is an underground water trap that provides a perennial source of water for wildlife. Installation of these wildlife guzzlers near Project culverts encourages movement to and through these potentially new wildlife crossings. In addition, these guzzlers and Project culverts, including those under SR -118 and the underpass of the access road, will be monitored by a qualified wildlife biologist for three years to document their effectiveness of use by wildlife species. Monitoring methods shall include use of camera, track plates, or diatomaceous earth or other acceptable means to determine wildlife use at selected locations. A minimum of six surveys per each of the four seasons shall be conducted to determine wildlife movement at the culverts under SR -118 and the culverts and underpass under the access road to SR -118 shall be conducted throughout the three -year monitoring program. Reports shall be prepared and submitted to the City of Moorpark Community Development Director and to any appropriate agency on an annual basis. Each report shall include the findings of the wildlife movement surveys and all pertinent details regarding project design features intended for wildlife use. Based on the findings of monitoring, recommendation to enhance wildlife movement through SR -118 crossings or through the new culverts and underpass of the access road that connects the Specific S \Community Development \DEV PMTS \S P \11 -North Park \Environmenta1\050412 Draft Findings.doc 28 0 0004 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact Plan site with the interchange at SR -118 shall be provided as appropriate (e.g., fencing modification, vegetation enhancement, lighting adjustments, etc.). Mitigation Measure Final Program EIR Section 3.6: Biological Resources The impact to coastal sage scrub shall be mitigated at an acreage ratio of 2:1. Coastal sage scrub habitat shall be preserved onsite within the Nature Preserve as described in the Project Design Features. As a part of the project, 74.3 acres of coastal sage scrub shall be restored in the Nature Preserve. The revegetation program shall be developed by a qualified biologist and submitted to the City of Moorpark Community Development Director for review and approval prior to issuance of the first grading permit. Restoration shall consist of seeding with appropriate sage scrub species. A detailed conceptual mitigation plan shall be developed and implemented and contain the following items: a. Responsibilities and qualifications of the personnel to implement and supervise the plan. The responsibilities of the landowner, specialists, and maintenance personnel that will supervise and implement the plan shall be specified. b. Site selection. The site(s) for restoration shall be determined in coordination with the project applicant, the City of Moorpark, and the project biologist. The site shall be located in the Nature Preserve and be contiguous with other natural open space areas. c. Site preparation and planting implementation. The site preparation shall include: 1) protection of existing native species, 2) trash and weed removal, 3) native species salvage and reuse (i.e., duff), 4) soil treatments (i.e., imprinting, decompacting), 5) erosion control measures (i.e., rice or willow wattles), and 6) seed mix application. d. Schedule. Site restoration shall be conducted between October and January 30. Introduction of hydroseed mix and container plants shall take place immediately after preparation of the restoration sites. e. Maintenance plan /guidelines. The maintenance plan shall include: 1) weed control, 2) herbivory control, 3) trash removal, 4) irrigation system maintenance, 5) maintenance training, and 6) replacement planting. Monitoring Plan. The monitoring plan shall include: 1) qualitative monitoring (i.e., photographs and general observations), 2) quantitative monitoring (i.e., randomly placed transects), 3) performance criteria as approved by the resource agencies, 4) monthly reports for the first year and bimonthly reports thereafter, and 5) annual reports which shall be submitted to the resource agencies for three to five years. The monitoring shall be conducted for three to five years, depending upon the performance of the site and as approved by the City's Community Development Director. g. Long -term preservation. Long -term preservation of the site shall be outlined in the conceptual mitigation plan to ensure the mitigation site is not impacted by future development. SACommunity Development \DEV PMTS \S P \11 -North Park \Environmenta1\050412 Draft Findings.doc 29 00001.8 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact h. Performance standards shall be in the conceptual plan and apply to the revegetation of sage scrub. At a minimum in the conceptual plan, revegetation shall be considered successful at three to five years if the percent cover and species diversity of the restored and /or created habitat areas are similar to percent cover and species diversity of adjacent existing habitats, as determined by quantitative testing of existing and restored areas. If the performance standards are not met in five years, the applicant shall meet with the City of Moorpark and develop appropriate remedial measures for habitat loss. The non - native species cover on the revegetation at the end of the monitoring period shall be less than 10 percent. In addition, earthmoving equipment shall avoid maneuvering in areas outside the identified limits of grading in order to avoid disturbing open space areas that will remain undeveloped. Prior to grading, the natural open space limits shall be marked by the construction supervisor and the project biologist. These limits shall be identified on the grading plan. The applicant shall submit a letter to the City of Moorpark verifying that construction limits have been flagged in the field. No earthmoving equipment shall be allowed within the open space areas without approval of the project biologist and the City of Moorpark. Potentially Significant Impact Unless Mitigated: Wildlife Movement Phase A and Buildout phase would result in a reduction of open space habitats north of SR -118 that would reduce the connectivity between open spaces on both sides of SR -118. Increased light and noise pollution and concomitant increase in human activity after completion of the Project would also further degrade the quality of this wildlife movement under the SR -118, resulting in a significant impact. Finding Consistent with CEQA, Public Resources Code Section 21081, changes or alterations have been required in, or incorporated into, the Project, which mitigate or avoid the significant environmental effects on the environment as identified in the Final Program EIR. Facts in Support of Finding The significant effect has been avoided or mitigated to a level that is less than significant by inclusion of project design features as identified in the Final Program EIR. Protect Desiqn Features Final Program EIR Section 3.6: Biological Resources Open Space Nature Preserve. This project design feature would offset the impacts on coastal sage scrub vegetation and native grassland vegetation. Approximately 2,123 acres of the site will be preserved as a Nature Preserve. Table 3.6 -5 of the Final Program EIR lists the acres of habitat located within the Nature Preserve. (See complete wording of the Open Space Nature Preserve project design feature above for coastal sage scrub.) A Conservation Organization shall be chosen by the City of Moorpark (in coordination with the U.S. Fish and Wildlife Service and the California Department of Fish and Game if necessitated by any regulatory permitting requirements) to manage the Nature SACommunity Development\DEV PMTS \S P \11 -North Park \Environmental\050412 Draft Findings.doc 30 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact Preserve. The project applicant shall provide a mechanism (such as a non - wasting endowment or landscape maintenance district) acceptable to both the City and Conservation Organization to fund ongoing management costs of the Conservation Organization. Culverts with a minimum diameter of five feet shall be provided under the access road connecting the Specific Plan site to the SR -118 Moorpark College Interchange. In addition, an underpass shall be constructed under this access road approximately 500 feet south of Hidden Creek Canyon. The east side of the underpass shall connect with an access road along which shall be placed wildlife fencing. The wildlife fencing shall be placed along the west side of the access road and guide wildlife to the underpass. The west side of the underpass shall open up immediately into natural open space. The bottom of the underpass shall have a natural substrate to facilitate wildlife movement. The dimensions of the underpass shall meet the minimum requirements needed for mule deer to pass through. The opening (from one end of the underpass to the other) shall be 0.9 or greater based on the following mathematical formula: height times (width divided by length) equals 0.9 or greater. Wildlife guzzlers shall be installed at the existing crossing of the SR -118 and near all new project culverts and underpasses selected for wildlife movement. A guzzler is an underground water trap that provides a perennial source of water for wildlife. Installation of these wildlife guzzlers near project culverts encourages movement to and through these potentially new wildlife crossings. In addition, these guzzlers and project culverts, including those under SR -118 and the underpass of the access road, will be monitored by a qualified wildlife biologist for three years to document their effectiveness of use by wildlife species. Monitoring methods shall include use of camera, track plates, or diatomaceous earth or other acceptable means to determine wildlife use at selected locations. A minimum of six surveys per each of the four seasons shall be conducted to determine wildlife movement at the culverts under SR -118 and the culverts and underpass under the access road to SR -118 shall be conducted throughout the three -year monitoring program. Reports shall be prepared and submitted to the City of Moorpark Community Development Director and to any appropriate agency on an annual basis. Each report shall include the findings of the wildlife movement surveys and all pertinent details regarding project design features intended for wildlife use. Based on the findings of monitoring, recommendation to enhance wildlife movement through SR -118 crossings or through the new culverts and underpass of the access road that connects the Specific Plan site with the interchange at SR -118 shall be provided as appropriate (e.g., fencing modification, vegetation enhancement, lighting adjustments, etc.). Potentially Significant Impact Unless Mitigated: Native Grassland /Potential Native Grassland Construction of Phase A and Buildout would impact approximately 1, 139.2 acres of the Specific Plan site including native grassland /potential native grassland -34.6 acres (Phase A: 28.1 acres; Buildout: 6.5 acres). Finding Consistent with CEQA, Public Resources Code Section 21081, changes or alterations have been required in, or incorporated into, the Project, which mitigate or avoid the significant environmental effects on the environment as identified in the Final Program EIR. SACommunity Development \DEV PMTS \S P \11 -North Park \Environmental \050412 Draft Findings.doc 31 0 10 (4-1r70 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact Facts in Support of Finding The significant effect has been avoided or mitigated to a level that is less than significant by inclusion of project design features and adoption of the following mitigation measure as identified in the Final Program EIR. Project Desiqn Features Final Program EIR Section 3.6: Biological ResourcesOpen Space Nature Preserve. This project design feature would offset the impacts on coastal sage scrub vegetation and native grassland vegetation. Approximately 2,123 acres of the site will be preserved as a Nature Preserve. Table 3.6 -5 of the Final Program EIR lists the acres of habitat located within the Nature Preserve. (See complete wording of the Open Space Nature Preserve project design feature above for coastal sage scrub.) A Conservation Organization shall be chosen by the City of Moorpark (in coordination with the U.S. Fish and Wildlife Service and the California Department of Fish and Game if necessitated by any regulatory permitting requirements) to manage the Nature Preserve. The project applicant shall provide a mechanism (such as a non - wasting endowment or landscape maintenance district) acceptable to both the City and Conservation Organization to fund ongoing management costs of the Conservation Organization. Mitigation Measure Final Program EIR Section 3.6: Biological Resources 2. Foothill needlegrass grassland shall be restored in the Nature Preserve at an acreage ratio of 2:1. The project requires 5.6 acres of foothill needlegrass grassland be restored in the Nature Preserve. A native grass restoration program shall be developed by a qualified biologist and submitted to the City of Moorpark Community Development Director for review and approval prior to issuance of the first grading permits. Restoration shall consist of seeding with appropriate needlegrass species. The conceptual mitigation plan shall be developed and implemented and shall contain the following items: a. Responsibilities and qualifications of the personnel to implement and supervise the plan. The responsibilities of the landowner, specialists, and maintenance personnel that will supervise and implement the plan shall be specified. b. Site selection. The site(s) for restoration shall be determined in coordination with the project applicant, City of Moorpark, and project biologist. The site shall be located in the Nature Preserve and be contiguous with other natural open space areas. c. Site preparation and planting implementation. The site preparation shall include: 1) protection of existing native species, 2) trash and weed removal, 3) native species salvage and reuse (i.e., duff), 4) soil treatments (i.e., imprinting, decompacting), 5) erosion control measures (i.e., rice or willow wattles), and 6) seed mix application. SACommunity Development\DEV PMTS\S P\11 -North Park \Environmental \050412 Draft Findings.doc 32 0 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact d. Schedule. Site restoration shall be conducted between October and January 30. Introduction of hydroseed mix and container plants shall take place immediately after preparation of the restoration sites. e. Maintenance plan /guidelines. The maintenance plan shall include: 1) weed control, 2) herbivory control, 3) trash removal, 4) irrigation system maintenance, 5) maintenance training, and 6) replacement planting. Monitoring Plan. The monitoring plan shall include: 1) qualitative monitoring (i.e., photographs and general observations), 2) quantitative monitoring (i.e., randomly placed transects), 3) performance criteria as approved by the City of Moorpark, 4) monthly reports for the first year and bimonthly reports thereafter, and 5) annual reports which shall be submitted to the City of Moorpark for three to five years. The monitoring shall be conducted for three to five years, depending upon the performance of the site and as approved by the City of Moorpark. If the performance standards are not met in five years, the applicant shall meet with the City of Moorpark and develop appropriate remedial measures for habitat loss. g. Long -term preservation. Long -term preservation of the site shall be outlined in the conceptual mitigation plan to ensure the mitigation site is not impacted by future development. h. Performance standards shall be identified and apply to the restoration of foothill needlegrass grassland. Revegetation shall be considered successful at three to five years if the percent cover and species diversity of the restored and /or created habitat areas are similar to percent cover and species diversity of adjacent existing habitats, as determined by quantitative testing of existing, restored, and created habitat areas. Potentially Significant Impact Unless Mitigated: Riparian Habitat Construction of Phase A and Buildout would impact approximately 1, 139.2 acres of the Specific Plan site including: riparian habitat -46.3 ac. (Phase A: 42.5 acres; Buildout: 3.8 acres) including U.S. Army Corps of Engineers (USACE) jurisdictional "Waters of the US" -4.75 acres (Phase A: 2.43 acres; Buildout: 2.32 acres) and California Department of Fish and Game (CDFG) jurisdictional waters -25.03 acres (Phase A: 16.63 acres; Buildout: 8.4 acres). Finding Consistent with CEQA, Public Resources Code Section 21081, changes or alterations have been required in, or incorporated into, the Project, which mitigate or avoid the significant environmental effects on the environment as identified in the Final Program EIR. Facts in Support of Finding The significant effect has been avoided or mitigated to a level that is less than significant by inclusion of project design features, standard conditions and requirements, and adoption of the following mitigation measure as identified in the Final Program EIR. SACommunity Development\DEV PMTS \S P \11 -North Park \Environmental \050412 Draft Findings.doc 33 0 JJ0 0.5 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact Project Design Features Final Program EIR Section 3.6: Biological Resources Open Space Nature Preserve. This project design feature would offset the impacts on coastal sage scrub vegetation and native grassland vegetation. Approximately 2,123 acres of the site will be preserved as a Nature Preserve. Table 3.6 -5 of the Final Program EIR lists the acres of habitat located within the Nature Preserve. (See complete wording of the Open Space Nature Preserve project design feature above for coastal sage scrub.) A Conservation Organization shall be chosen by the City of Moorpark (in coordination with the U.S. Fish and Wildlife Service and the California Department of Fish and Game if necessitated by any regulatory permitting requirements) to manage the Nature Preserve. The project applicant shall provide a mechanism (such as a non - wasting endowment or landscape maintenance district) acceptable to both the City and Conservation Organization to fund ongoing management costs of the Conservation Organization. Standard Conditions and Requirements Final Program EIR Section 3.6: Biological Resources The applicant shall be required to obtain all Clean Water Act 401 and 404 permits and clearances as administered by the U.S. Army Corps of Engineers and the Regional Water Quality Control Board /State Water Resources Board. These permits shall be obtained prior to initiating any grading permits or clearing and grubbing activities not covered under the City's grading ordinance. All conditions of the permits and certifications from these agencies that are designed to minimize impacts to biological resources and all measures to mitigate for the loss of jurisdictional habitats shall be implemented. Implementation of mitigation designed to offset impacts to areas of federal jurisdiction shall be monitored by the relevant federal agencies and by the City (under the California Environmental Quality Assurance Program) for the project. Mitigation Measure Final Program EIR Section 3.6: Biological Resources 3. Phase A would impact 2.43 acres of U.S. Army Corps of Engineers ( USACE) jurisdictional "waters of the U.S." within Specific Plan development area; Buildout would impact an additional 2.32 acres, thus totaling 4.75 acres (RBF Consulting, 2002). With respect to California Department of Fish and Game (CDFG) jurisdictional boundaries within development area, Phase A would impact 16.63 acres and Buildout would impact an additional 8.40 acres, thus totaling 25.03 acres. Compensatory mitigation for the loss of wetland or riparian function and values is a fundamental component of the USACE and the CDFG permitting process. The objective of the mitigation is to ensure no net loss of habitat values from the project. Mitigation can consist of: 1) avoidance or minimization of impacts; 2) compensation in the form of habitat restoration; or 3) compensation through participation in a mitigation bank. Avoidance and minimization of impacts is preferred. Any compensation through restoration shall be onsite and in kind. The exact requirements of any special permit SACommunity Development \DEV PMTS\S P \11 -North Park \Environmental \050412 Draft Findings.doc 34 000053 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact conditions established for the proposed project would be determined by the USACE and /or the CDFG following review of the formally submitted project application. The applicant shall develop a detailed program prior to issuance of the first grading permit to ensure no net loss of habitat values from the site which contains the following components: a. Responsibilities and qualifications of the personnel to implement and supervise the plan. The responsibilities of the landowner, technical specialists, and maintenance personnel that will supervise and implement the restoration plan shall be specified. b. Site selection. The site for the mitigation shall be determined in coordination with the project applicant and resource agencies. The site shall either be located on the Specific Plan site in the Nature Preserve or dedicated open space area shall be purchased offsite. Appropriate sites must have suitable hydrology and soils for the establishment of riparian species. c. Site preparation and planting implementation. The site preparation shall include: 1) protection of existing native species, 2) trash and weed removal, 3) native species salvage and reuse (i.e., duff), 4) soil treatments (i.e., imprinting, decompacting), 5) temporary irrigation installation, 6) erosion control measures (i.e., rice or willow wattles), 7) seed mix application, and 8) container species. d. Schedule. A schedule shall be developed which includes planting to occur in late fall and early winter between October and January 30. e. Maintenance plan /guidelines. The maintenance plan shall include: 1) weed control, 2) herbivory control, 3) trash removal, 4) irrigation system maintenance, 5) maintenance training, and 6) replacement planting. Monitoring Plan. The monitoring plan shall include: 1) qualitative monitoring (i.e., photographs and general observations), 2) quantitative monitoring (i.e., randomly placed transects), 3) performance criteria as approved by the resource agencies, 4) monthly reports for the first year and bimonthly thereafter, and 5) annual reports for five years that shall be submitted to the resource agencies on an annual basis. The site shall be monitored and maintained for five years to ensure successful establishment of riparian habitat within the restored and created areas; however, if there is successful coverage prior to five years, the project applicant may request to be released from monitoring requirements from USACE and CDFG and as approved by the City of Moorpark. g. Long -Term Preservation. Long -term preservation of the site shall also be outlined in the plan to ensure the mitigation site is not impacted by future development. A conservation easement and a performance bond shall be secured prior to implementation of the site. h. Plan Approval. The plan shall be subject to review and approval by the Community Development Director of the City of Moorpark, in coordination with CDFG. In addition, earthmoving equipment shall avoid maneuvering in areas outside the identified limits of grading in order to avoid disturbing open space areas that will remain undeveloped. Prior to grading, the natural open space limits shall be marked SACommunity Development \DEV PMTS \S P\11 -North Park \Environmental \050412 Draft Findings.doc 35 000054 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findinas of Fact by the construction supervisor and the project biologist and shall be identified on the grading plan. The applicant shall submit a letter to the City of Moorpark verifying that construction limits have been flagged in the field. Potentially Significant Impact Unless Mitigated: Coast Live Oak Woodland Construction of Phase A and Buildout would impact approximately 1,139.2 acres of the Specific Plan site including coast live oak woodland -709 oak trees (Phase A: 534 trees; Buildout: 175 trees). Finding Consistent with CEQA, Public Resources Code Section 21081, changes or alterations have been required in, or incorporated into, the Project, which mitigate or avoid the significant environmental effects on the environment as identified in the Final Program EIR. Facts in Support of Finding The significant effect has been avoided or mitigated to a level that is less than significant by inclusion of project design features and adoption of the following mitigation measure as identified in the Final Program EIR. Project Desiqn Features Final Program EIR Section 3.6: Biological Resources Open Space Nature Preserve. This project design feature would offset the impacts on coastal sage scrub vegetation and native grassland vegetation. Approximately 2,123 acres of the site will be preserved as a Nature Preserve. Table 3.6 -5 of the Final Program EIR lists the acres of habitat located within the Nature Preserve. (See complete wording of the Open Space Nature Preserve project design feature above for coastal sage scrub.) A Conservation Organization shall be chosen by the City of Moorpark (in coordination with the U.S. Fish and Wildlife Service and the California Department of Fish and Game if necessitated by any regulatory permitting requirements) to manage the Nature Preserve. The project applicant shall provide a mechanism (such as a non - wasting endowment or landscape maintenance district) acceptable to both the City and Conservation Organization to fund ongoing management costs of the Conservation Organization. Mitigation Measure Final Program EIR Section 3.6: Biological Resources 4. A total of 534 trees will be impacted by Phase A and an additional 175 trees by Buildout. The project shall be designed to avoid trees to the greatest extent practicable. If this impact cannot be avoided, an inventory of oak trees on the proposed development site shall be updated by an arborist approved by the City of Moorpark Community Development Director prior to the removal of oak trees on the Specific Plan site. The inventory shall record the location and size of individual oak and walnut trees that are 9.5 inches diameter at breast height (dbh) or larger including dead or dying trees on the SACommunity Development \DEV PMTS \S P \11 -North Park\EmAronmenta1\050412 Draft Findings.doc 36 (i00oJ� North Park Village and Nature Preserve Specific Plan Final Program ElR No. 2001 -01 Draft Findings of Fact proposed development site. The inventory shall also include the dbh, height, canopy width, aesthetic rating, health rating, number of trunks, and appraisal value of each oak tree. Prior to grading, orange snow fencing shall be installed around trees (outside the dripline) that would not be impacted by construction. Fencing shall be in place and inspected by the project biologist prior to commencement of grading. This fencing shall remain in place throughout construction in the vicinity of the fenced trees until the Community Development Director determines that the fences can be removed without placing the trees in jeopardy of damage from construction. As stated in Moorpark Municipal Code 12.12.070 (f), "The Director of Community Development, or his or her designee, shall cause an appraisal of the value of said trees to be prepared in accordance with Section 12.12.050C. The resulting value shall be applied to upgrading the size of tree plantings associated with the project." The replacement of coast live oak trees shall occur at a minimum 3:1 ratio based on the appraisal value of the trees as set forth in Municipal Code 12.12.070 (f). Oak trees relocated into landscape areas of the Specific Plan site shall not count toward meeting the mitigation obligation of the project. The Landscape Architect/designer for the project shall design these replacement trees into the Specific Plan site to replace the habitat of removed woodlands. The habitat shall be reviewed by a qualified biologist and must be comparable to the removed woodland. Planting specification shall consider the following: a. Newly planted trees shall be planted above grade and maintained for five years, including irrigation, weed control, herbivore protections, and replacement. b. Amending the backfill soil with wood shavings, oak leaf -mold, etc. is not recommended when existing soil is high in natural organic matter with a sandy loam texture, unless recommended by the project biologist. c. Recommendations for the need of planting amendments and drainage systems shall be based on soil tests of this project and approved by the City. d. Any City approved work within the driplines of saved trees, including branch removal, shall be under the inspection of a qualified arborist. e. Landscaping requiring irrigation shall not be planted within the dripline of oaks due to the susceptibility of native oaks to root rot caused by excessive unseasonable irrigation. The design and installation of landscape irrigation systems outside the dripline of the oaks shall be such that the area within the dripline is not wetted during operation of the system. In addition, surface runoff from impermeable surfaces shall be directed away from oaks; where natural topography has been altered, provisions should be made for drainage away from trunks of oaks so that water shall not pond or collect within the dripline of any oak. SACommunity DevelopmenADEV PMTS \S P \11 -North Park \Environmental \050412 Draft Findings.doc 37 0 00() iii North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact Potentially Significant Impact Unless Mitigated: Special Status Plant Species Direct and indirect impacts to special status plant species that are known to occur onsite and which have the potential to occur onsite would be considered significant. Finding Consistent with CEQA, Public Resources Code Section 21081, changes or alterations have been required in, or incorporated into, the Project, which mitigate or avoid the significant environmental effects on the environment as identified in the Final Program EIR. Facts in Support of Finding The significant effect has been avoided or mitigated to a level that is less than significant by inclusion of project design features and adoption of the following mitigation measure as identified in the Final Program EIR. Project Design Features Final Program EIR Section 3.6: Biological Resources Open Space Nature Preserve. This project design feature would offset the impacts on coastal sage scrub vegetation and native grassland vegetation. Approximately 2,123 acres of the site will be preserved as a Nature Preserve. Table 3.6 -5 of the Final Program EIR lists the acres of habitat located within the Nature Preserve. (See complete wording of the Open Space Nature Preserve project design feature above for coastal sage scrub.) A Conservation Organization shall be chosen by the City of Moorpark (in coordination with the U.S. Fish and Wildlife Service and the California Department of Fish and Game if necessitated by any regulatory permitting requirements) to manage the Nature Preserve. The project applicant shall provide a mechanism (such as a non - wasting endowment or landscape maintenance district) acceptable to both the City and Conservation Organization to fund ongoing management costs of the Conservation Organization. Mitigation Measure Final Program EIR Section 3.6: Biological Resources 5. A spring survey shall be conducted and completed prior to the issuance of the first grading permit. The special status plant species surveys shall follow guidelines developed by the California Native Plant Society (CNPS) (Tibor, 2001). These surveys, as outlined in the guidelines, shall be conducted during the appropriate time of year for each species determined by a qualified botanist. If any special status plant species is located its rarity and abundance shall be evaluated and the appropriate mitigation shall be implemented. The following mitigation strategy shall be used in the evaluation. This special status plant mitigation strategy is based on the following guidelines: Avoiding the impact to the species to the extent possible through project planning. SACommunity Development \DEV PMTS\S P\11 -North Park \Environmental \050412 Draft Findings.doc 38 U®00�'7 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findinos of Fact • Minimizing impacts. • Rectifying the impact by repairing, rehabilitating, or restoring the impacted environment. • Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the project. • Compensating for the impact by replacing or providing substitute resources or environments. If avoidance is not possible then consultation with the U.S. Fish and Wildlife Service shall be required for federally - listed species and consultation with California Department of Fish and Game for state - listed species shall be required. A special status plant mitigation program shall be developed following focused surveys and submitted to the appropriate agencies for review. Potentially Significant Impact Unless Mitigated: Western Spadefoot Toad If the western spadefoot toad, a state and federal species of concern, is present in Hidden Creek Canyon, the loss of this habitat would be potentially significant because Project impacts would result in the loss of habitat in the northernmost portion of this species range. Finding Consistent with CEQA, Public Resources Code Section 21081, changes or alterations have been required in, or incorporated into, the Project, which mitigate or avoid the significant environmental effects on the environment as identified in the Final Program EIR. Facts in Support of Finding The significant effect has been avoided or mitigated to a level that is less than significant by adoption of the following mitigation measure as identified in the Final Program EIR. Mitigation Measure Final Program EIR Section 3.6: Biological Resources 6. A focused series of surveys shall be conducted by a permitted biologist for the western spadefoot toad prior to the issuance of the first grading permit and during the breeding season for this species (February through May). The survey results shall be submitted within 45 days after completion of the last survey to the California Department of Fish and Game (CDFG) for concurrence. If it is determined that the western spadefoot is not present, no further mitigation is necessary. If the western spadefoot is located, then a relocation program shall be developed. The relocation program shall include a detailed methodology for locating, capturing, and relocating individuals prior to construction. The program shall identify a suitable location for relocation of the western spadefoot prior to capture. The relocation program requires a biologist with the necessary permits for handling the western spadefoot. The program and the biologist(s) implementing the program shall be subject to approval of the CDFG. The relocation program shall be completed prior to the issuance of the first grading permit. SACommunity Development \DEV PMTS \S P \11 -North Park \Environmental \050412 Draft Findings.doc 39 V®0OL;8 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact Potentially Sianificant Impact Unless Mitiqated: Coastal California Gnatcatchers The entire onsite habitat for this pair of coastal California gnatcatchers burned on October 25, 2003 during the Simi Valley fires. The fire burnt the majority of the Specific Plan site, with primary exceptions to habitat directly adjacent to oil wells and petroleum tanks within Hidden Creek Canyon. The fire also missed small patches of habitat. The area where {previous surveys identified the California gnatcatcher, much of the vegetation was reduced to ash. Vegetation still recognizable within this area includes patches of prickly pear (Opuntia littoralis) and at least one coast live oak tree (Quercus agrifolia). Small patches of vegetation, as the result of 2004 rains, began to sprout in this area. Plant resprouting included blue -eyed grass (Sisyrichium bellum), needlegrass (Nassella sp.), and mustard (Brassica sp.). The habitat is expected to recover. Finding Consistent with CEQA, Public Resources Code Section 21081, changes or alterations have been required in, or incorporated into, the Project, which mitigate or avoid the significant environmental effects on the environment as identified in the Final Program EIR. Facts in Support of Finding The significant effect has been avoided or mitigated to a level that is less than significant by adoption of the following mitigation measure as identified in the Final Program EIR. Mitigation Measure Final Program EIR Section 3.6: Biological Resources 7. The focused surveys for the coastal California gnatcatcher found one pair in the Buildout area of the project. As a result, consultation with the U.S. Fish and Wildlife Service shall occur in order to obtain a take permit prior to any project activities that may result in impacts on the coastal California gnatcatcher. The permitting can occur through either Section 7 or 10 of the federal Endangered Species Act depending on the presence or absence of a federal nexus. The permitting process would require the preparation of a Biological Assessment, which would include a mitigation plan to avoid or minimize impacts on this species. This mitigation may include avoiding the habitat of the coastal California gnatcatcher, construction limited to the non - breeding season, noise restrictions on construction, or purchase of offsite habitat for this species, in addition to the preserved coastal sage scrub in the Nature Preserve. Potentially Significant Impact Unless Mitigated: Burrowing Owl A burrow of a burrowing owl may be directly impacted by Project implementation, thereby substantially reducing the population of this species within the region. Finding Consistent with CEQA, Public Resources Code Section 21081, changes or alterations have been required in, or incorporated into, the Project, which mitigate or avoid the significant environmental effects on the environment as identified in the Final Program EIR. SACommunity Development\DEV PMTS \S P \11 -North Park\Environmenta1\050412 Draft Findings.doc 40 000059 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact Facts in Support of Finding The significant effect has been avoided or mitigated to a level that is less than significant by adoption of the following mitigation measure as identified in the Final Program EIR. Mitigation Measure Final Program EIR Section 3.6: Biological Resources 8. At least one focused survey shall be conducted for the burrowing owl prior to issuance of a grading permit and during the breeding season for this species (March through August). The survey results shall be submitted within 45 days after completion of the last survey to the California Department of Fish and Game (CDFG) for concurrence. If it is determined that the burrowing owl is not present, no further mitigation is necessary. If the burrowing owl is located on the development area, a mitigation program shall be developed. If an active burrow is present, the active site shall be protected until nesting activity has ended in compliance with Section 3503.5 of the California Fish and Game Code. Nesting activity for raptors in the project region normally occurs from February 1 to June 30. To protect active burrows the following restrictions on construction are required between February 1 and June 30 (unless burrows are no longer active as determined by a qualified biologist). Any active burrows found during survey efforts shall be mapped on the construction plans. a. Clearing limits will be established a minimum of 100 feet in any direction from any active burrow. b. Access and surveying will not be allowed within 50 feet of any active burrow. Construction during the non - nesting season can occur only if a qualified biologist has determined that the burrows are no longer active. If an active burrow is observed during the non - nesting season, the burrow shall be monitored by a qualified biologist, and the biologist will evacuate the burrows in a manner consistent with any applicable state or federal laws or regulations and using CDFG- approved burrow closure procedures. The mitigation program shall include measures to assure nesting success if the survey(s) determines a breeding pair is present. Prior to implementation of the mitigation program, the program and the biologist implementing the program shall be subject to approval of the CDFG. Potentially Significant Impact Unless Mitigated: Water Quality Effects on Aquatic Species Water quality may be adversely affected by runoff of nutrients from urban development, in turn affecting populations of aquatic species and those that use riparian areas. Finding Consistent with CEQA, Public Resources Code Section 21081, changes or alterations have been required in, or incorporated into, the Project, which mitigate or avoid the significant environmental effects on the environment as identified in the Final Program EIR. Facts in Support of Finding SACommunity Development \DEV PMTS \S P \11 -North Park \Environmental \050412 Draft Findings.doc 41 OOOOG® North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact The significant effect has been avoided or mitigated to a level that is less than significant by adoption of the following mitigation measures as identified in the Final Program EIR. Mitigation Measure Final Program EIR Section 3.8: Hydrology and Water Quality 4. Prior to issuance of the initial grading permit, the applicant shall have prepared a Storm Water Quality Urban Impact Mitigation Plan (SQUIMP) and include Non - Structural, Source Control, and Structural Best Management Practices (BMPs). A Certified Erosion and Sediment Control Professional or qualified Civil Engineer shall prepare the SQUIMP. The SQUIMP shall be reviewed and approved by the Moorpark Community Development Director and City Engineer. The development of the SQUIMP shall conform to the Ventura County National Pollutant Discharge Elimination System permit, the SQUIMP standards, and the Technical Guidance Manual for Storm Water Quality Control Measures. The following are the minimum required mitigation from the Technical Guidance Manual for Storm Water Quality Control Measures. General Site Design G -1 Conserve Natural Areas. This measure involves locating development on the least sensitive portion of a site and conserving naturally vegetated areas. This measure can minimize environmental impacts in general and storm water runoff impacts in particular. The design of the North Park Specific Plan currently incorporates some of these planning measures. G -2 Protect Slopes and Channels. If not properly protected and stabilized, erosion of slopes and channels can be major sources of sediment and associated pollutants, such as nutrients. Channel stability and erosion control measures shall be analyzed and discussed the Master Plan of Drainage (see Mitigation Measure 1). G -3 Control Peak Storm Water Runoff Discharge Rates. Unless controlled, peak storm water runoff rates from developed areas are typically higher than those from previously undeveloped areas. Higher peak flows can change stream morphology and increase downstream erosion that can damage stream habitat, impact aesthetic values, and convey larger pollutant loads to receiving waters. Therefore, the project must mitigate the post - development discharge rates to less than the existing storm event peak flow rates. G -4 Minimize Impervious Area. Suggested strategies for minimizing imperviousness through site design include: reduce footprints of buildings and parking lots, cluster buildings and paved areas, use minimum allowable roadway and sidewalk sections and parking stall widths, include landscape islands in cul -de -sacs, use pervious pavement materials, provide grassy bioswale area that meet NPDES requirements within the downstream portions of the lot areas protected and maintained by Homeowner Associations, and use grass -lined channels or surface swales to convey runoff instead of paved gutters. Such measures shall be included in the SQUIMP portion of the Master Plan of Drainage. G -5 Minimize Effective Imperviousness. This approach involves routing runoff from impervious areas over grassy areas or other pervious areas prior to discharge to SACommunity Development \DEV PMTS \S P \11 -North Park \Environmental \050412 Draft Findings.doc 42 OOOOG1 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact the storm drainage system or receiving water to reduce peak flows, reduce total runoff volume and provide some degree of pollutant removal. Three methods for minimizing effective imperviousness include turf buffers, grassy bioswale areas that meet NPDES requirements within the downstream portions of the lot areas that are protected and maintained by a Homeowners Association, and grass - lined channels. This approach shall be addressed in the SQUIMP portion of the Drainage Master Plan. Site - Specific Source Control The SQUIMP portion of the Drainage Master Plan shall address: S -1 Storm Drain Message and Signage. The appropriate locations for the signage regarding discharge prohibitions at storm drain inlets and a standard message to be used throughout the Specific Plan site. S -2 Outdoor Material Storage Area Design. General design criteria for outdoor material storage area design. S -3 Outdoor Trash Storage and Waste Handling Area Design. General design criteria for outdoor trash storage and waste handling area design. S -4 Outdoor Loading /Unloading Dock Area Design. General design criteria for outdoor loading /unloading dock area design. S -5 Outdoor Repair /Maintenance Bay Design. General design criteria for outdoor repair and maintenance bay design. S -6 Outdoor Vehicle /Equipment/Accessory Washing Area Design. General design criteria for outdoor vehicle, equipment, and accessory washing area design. S -7 Fueling Area Design. General design criteria for fueling area design. S -8 Proof of Control Measure Maintenance. To ensure that maintenance is provided, the County of Ventura Watershed Protection District may require a Maintenance Agreement and a Maintenance Plan from the owner /operator of the storm water control measures. The SQUIMP shall identify the party(ies) responsible for maintenance of control measures. Structural/Treatment BMPs The SQUIMP shall include structural and /or treatment BMPs. The structural BMPs shall focus on meeting potential TMDL and pollutant standards for residential developments. The treatment BMPs shall conform to the Technical Guidance Manual for Storm Water Control Measures. The SQUIMP guidelines contained in the National Pollutant Discharge Elimination System ( NPDES) Permit and Waste Discharge Requirements for Ventura County state that Structural BMPs are required for all new developments. The structural BMPs shall be sized to comply with one of the following numeric sizing criteria, unless an alternative is considered by the permittees to provide equivalent or better treatment. Ground water quality must be evaluated based on the amount of water and the potential pollutants that may be introduced associated with the buildout of the Specific Plan site. SACommunity Development \DEV PMTS \S P \11 -North ParMEnvironmenta1\050412 Draft Findings.doc 43 000 0Go"! North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact Volume -based BMPs shall be designed to infiltrate or treat either: a. The volume of annual runoff based on unit basin storage water quality volume, to achieve 80 percent or more volume treatment by the method recommended in the California Storm Water Best Management Practices Handbook — Industrial/ Commercial (1993), the Ventura Countywide Storm Water Quality Management Program Land Development Guidelines, or; b. The 85th percentile 24 -hour runoff event determined as the maximized capture storm water volume for the area, from the formula recommended in Urban Runoff Quality Management, WEF Manual of Practice No. 231ASCE Manual of Practice No. 87 (1998), or; c. The volume of runoff produced for a 0.75 -inch storm event, prior to its discharge to a storm water conveyance system, or; d. The volume of runoff produced from a historical- record based reference 24 -hour rainfall criterion for "treatment" that achieves approximately reduction in pollutant loads achieved by the 85th percentile 24 -hour runoff event. The volume of runoff produced from the 85th percentile 24 -hour storm event, as determined from the local historical rainfall record; or Flow -based BMPs shall be designed to infiltrate or treat either: a. 10 percent of the 50 -year design flow rate, or; b. A flow that will result in treatment of the same portion of runoff as treated using volumetric standards, or; c. A rain event equal to at least 0.2 inches per hour intensity, or; d. A rain event equal to at least two times the 85th percentile hourly rainfall intensity for Ventura County. The Technical Guidance Manual for Storm Water Quality Control Measures requires that treatment controls measures be used for any new development. The following is a partial list of treatment control measures that may be used by the applicant: T -1 Grass Strip Filter T -2 Grass Swale Filter T -3 Extended Detention Basin T -4 Wet Detention Basin T -5 Constructed Wetland T -6 Detention Basin /Sand Filter T -7 Porous Pavement Detention SACommunity Development \DEV PMTS \S P \11 -North Park \Environmental \050412 Draft Findings.doc 44 UOOOG3 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact T -8 Porous Landscape Detention T -9 Infiltration Basin T -10 Infiltration Trench The following discussion identifies treatment control measures that are appropriate for use on the North Park Specific Plan site: T-1&-2: Grass Strip and Swales. An appropriate treatment is either vegetative swales, enhanced vegetated swales utilizing check dams and wide depressions, a series of small detention facilities designed similarly to a dry detention basin, or a combination of these treatment methods into a treatment train (a series of Structural BMPs). It is essential that the SQUIMP address treatment for North Park to assure that the runoff from the site be treated to the "maximum extent practicable ". In order for the vegetation swales to be effective in the removal of potential pollutants, the swales must be treated as water quality features and must be maintained differently than grass areas. Specifically, pesticides, herbicides, and fertilizers, which may be used on the grass areas, must not be used in the vegetation swales. T -3: Extended Detention Basins (T -3). Construction of extended detention basins within the proposed retention basin is likely the most efficient way of treating storm water runoff from North Park. The purpose of the extended detention basin is to aid in the removal mechanism: settling or sedimentation; adsorption to sediments, vegetation, or detritus; filtration by plants; microbial uptake and /or transformation; and uptake by wetland plants or algae. The removal of the urban runoff pollutants occurs during the slow draining of the basin (minimum 24 hours). Water Quality Basins are expected to reduce the following pollutants: total suspended solids, total phosphorous, total nitrogen, chemical oxygen demand (COD), total lead, total zinc, total copper, and bacteria. If other treatment controls are used, such as those discussed below, the treatment volumes for the extended detention basins can be reduced or eliminated. Several of the following treatment control measures could be used within the development in parks or single lots. T -9 & -10 Infiltration Trenches and Basins. Infiltration Trenches and /or Basins may be used onsite to meet potential future TMDLs for noxious aquatic plants and nutrients. Infiltration trenches and basins treat storm water runoff through filtration. A typical infiltration trench is essentially an excavated trench, which is lined with filter fabric and backfilled with stones. Depth of the infiltration trench ranges from three to eight feet and functions best in areas with permeable soils, and water table and bedrock depth situated well below the bottom of the trench. Trenches should not be used to trap coarse sediments, because large sediment will likely clog the trench. Grass buffers can be installed to capture sediment before it enters the trench to minimize clogging. Infiltration basins are generally used for drainage areas between five to 50 acres. Infiltration basins SACommunity Development \DEV PMTS \S P \11 -North Park \Environmental \050412 Draft Findings.doc 45 000OG4 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact can be either in -line or off -line, and may treat different volumes such as the water quality volume or the two -year or 10 -year storm. 5. Prior to the issuance of the first grading permit and as a part of the project's compliance with the National Pollutant Discharge Elimination System (NPDES) program, the applicant shall file a Notice of Intent (NOI) with the Los Angeles Regional Water Quality Control Board providing notification and intent to comply with the State of California general permit. Prior to issuance of the first grading permit, a Storm Water Pollution Prevention Plan ( SWPPP) must be completed for onsite and associated offsite construction activities. A copy of the SWPPP must be available and implemented at the construction site at all times. The SWPPP outlines the source control and /or treatment control Best Management Practices (BMPs) that will avoid or mitigate runoff pollutants at the construction site to the "maximum extent practicable ". A listing of these BMPs from the California Storm Water Best Management Practice Handbook - Construction Activity is provided below. CA 1 Dewatering Operations. This operation requires the use of sediment controls to prevent or reduce the discharge of pollutant to storm water from dewatering operations. CA 2 Paving Operations. Prevent or reduce the runoff of pollutant from paving operations by proper storage of materials, protecting storm drain facilities during construction, and training employees. CA 3 Structural Construction and Painting. Keep site and area clean and orderly, use erosion control, use proper storage facilities, use safe products, and train employees to prevent and reduce pollutant discharge to storm water facilities from construction and painting. CA 10 Material Delivery and Storage. Minimize the storage of hazardous materials on the site. If stored onsite, keep in designated areas, install secondary containment, conduct regular inspections, and train employees. CA 11 Material Use. Prevent and reduce the discharge of pesticides, herbicides, fertilizers, detergents, plaster, petroleum products and other hazardous materials from entering the storm water. CA 20 Solid Waste Management. This BMP describes the requirements to properly design and maintain trash storage areas. The primary design feature requires the storage of trash in covered areas. CA 21 Hazardous Waste Management. This BMP describes the requirements to properly design and maintain waste areas. CA 23 Concrete Waste Management. Prevent and reduce pollutant discharge to storm water from concrete waste by providing onsite and offsite washouts in designated areas and training employees and consultants regarding their use. CA 24 Sanitary Septic Water Management. Provide convenient, well- maintained facilities, and arrange regular service and disposal of sanitary waste. CA 30 Vehicle and Equipment Cleaning. Use offsite facilities or wash in designated areas to reduce pollutant discharge into the storm drain facilities. SACommunity Development \DEV PMTS \S P \11 -North Park \Environmental \050412 Draft Findings.doc 46 OOOOGS North Park Village and Nature Preserve Specific Plan Final Program OR No. 2001 -01 Draft Findings of Fact CA 31 Vehicle and Equipment Fueling. Use offsite facilities or designated onsite enclosed coverings to reduce pollutant discharge into the storm drain facilities. CA 32 Vehicle and Equipment Maintenance. Use offsite facilities or designated onsite enclosed areas with coverings to reduce pollutant discharge into the storm drain facilities. In addition, run a "dry site" to prevent pollution discharge into storm drains. CA 40 Employee and Subcontractor Training. Have training sessions for employees and subcontractors to understand the need for implementation and usage of BMPs and the need and purpose for keeping the site clean. ESC 2 Preservation of Existing Vegetation. Minimize the removal of existing trees and shrubs because they serve as erosion control. ESC 10 Seeding and Planting. Provide soil stability by planting and seeding grasses, trees, shrubs, vines, and ground cover. ESC 11 Mulching. Stabilize cleared or freshly seeded areas with mulch. ESC 20 Geotextiles and Mats. Natural or synthetics material can be used for soil stability. ESC Dust Control. Reduce wind erosion and dust generated by construction activities by using dust control measures. ESC 23 Construction Road Stabilization. All onsite vehicle transport routes should be stabilized immediately after grading and frequently maintained to prevent erosion and control dust. ESC 24 Stabilized Construction Entrance. Stabilize the construction entrance area to reduce amount of sediment tracked off the site. ESC 30 Earth Dikes. Construct earth dikes of compacted soil to divert runoff or channel water to a desired location. ESC 31 Temporary Drains and Swales. Use temporary drains and swales to divert offsite runoff around the construction site, stabilized areas, and direct it into sediment basins or traps. ESC 40 Outlet Protection. Use rock or grouted rock at outlet pipes to prevent scouring of soil caused by high velocities. ESC 41 Check Dams. Check dams reduce velocities of concentrated flows, thereby reducing erosion, and promoting sedimentation behind the dams. Check dams are small and placed across swales and drainage ditches. ESC 50 Silt Fence. Composed of filter fabric, which have been entrenched, attached to support poles and sometimes backed by wire fence support. Silt fences promote sedimentation behind the fence of sediment -laden water. ESC 51 Straw Bale Barrier. Place straw bales end to end in a level contour in a shallow trench and stake them in place. The bales will detain runoff and promote sedimentation. SACommunity Development \DEV PMTS \S P \11 -North Park \Environmental \050412 Draft Findings.doc 47 U ()V0l1V North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findinqs of Fact ESC 52 Sand Bag Barriers. By stacking sand bags on a level contour, creates a barrier to detain sediment -laden water. The barrier will promote sedimentation. ESC 53 Brush or Rock Filter. Made of 3/ -inch to three -inch diameter rocks place on a level contour or composed of brush wrapped in filter cloth and staked to the toe of the slope will provide a sediment trap. ESC 54 Storm Drain Inlet Protection. Devises that remove sediment from sediment laden storm water before entering the storm drain inlet or catch basin. ESC 55 Sediment Trap. A sediment trap is a small, excavated or bermed area where runoff for small drainage areas can pass through allowing sediment to settle out. Potentially Significant Impact Unless Mitigated: Effects of Human Activity on Wildlife Human activity, including increased noise and the introduction of pets to the areas, could disrupt normal behavior patterns of wildlife remaining on the site, creating a significant impact. Finding Consistent with CEQA, Public Resources Code Section 21081, changes or alterations have been required in, or incorporated into, the Project, which mitigate or avoid the significant environmental effects on the environment as identified in the Final Program EIR. Facts in Support of Finding The significant effect has been avoided or mitigated to a level that is less than significant by adoption of the following mitigation measure as identified in the Final Program EIR. Mitigation Measure Final Program EIR Section 3.6: Biological Resources 10. Individuals using the Nature Preserve for passive recreation would result in disturbance of natural open space areas adjacent to the development area. An appropriate plan for the management of the Nature Preserve shall be submitted to the City of Moorpark. The management plan shall include access points including parking and restrooms, signage for trails and restricted uses, appropriate fencing, and restrictions on domestic animals. This plan shall be written by a qualified biologist prior to issuance of the first grading permit. GEOLOGY AND SOILS Potentially Significant Impact Unless Mitigated: Existing Onsite Reservoirs The Specific Plan site contains several small reservoirs at the mouths of canyons in the southern portion of the site which may pose hazards to downstream areas. Finding Consistent with CEQA, Public Resources Code Section 21081, changes or alterations have been required in, or incorporated into, the Project, which mitigate or avoid the significant environmental effects on the environment as identified in the Final Program EIR. SACommunity Development\DEV PMTS \S P \11 -North Park \Environmental\050412 Draft Findings.doc 48 0000G North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact Facts in Support of Finding The significant effect has been avoided or mitigated to a level that is less than significant by inclusion of a project design feature as identified in the Final Program EIR. Project Design Feature Final Program EIR Section 3.7: Geology and Soils The earth -fill dams that impound the existing onsite reservoirs will be removed. Potentially Significant Impact Unless Mitigated: Well Abandonment Grading activities will require the abandonment of onsite wells. Finding Consistent with CEQA, Public Resources Code Section 21081, changes or alterations have been required in, or incorporated into, the Project, which mitigate or avoid the significant environmental effects on the environment as identified in the Final Program EIR. Facts in Support of Finding The significant effect has been avoided or mitigated to a level that is less than significant by inclusion of the following standard condition and requirement as identified in the Final Program EIR. Standard Conditions and Requirements Final Program EIR Section 3.7: Geology and Soils Abandoned water and oil wells (if encountered) shall be abandoned following the guidelines established by the California Department of Conservation, Division of Oil and Gas and City Municipal Code requirements in Chapter 8.40 for water wells. The lead agency associated with the potential abandonment of oil and injection wells is the California Department of Conservation, Division of Oil, Gas and Geothermal Resources ( DOGGR). Existing inactive oil wells located within proposed development areas, if encountered during grading, may require re- abandonment in accordance with the current DOGGR regulations. Potential water wells encountered during grading shall be abandoned in accordance with the guidelines of the Ventura County Public Works Agency, Water Resources Department. If underground storage tanks are encountered during grading, they shall be abandoned in accordance with the guidelines of the Ventura County Resource Management Agency, Environmental Health Division. The abandonment of wells and disposal of underground storage tanks shall be observed by an environmental consultant in conjunction with the pertinent regulatory agencies. Additional site assessments, soil sampling and laboratory testing, and analyses may be required if potential contaminated soils are encountered during grading due to the presence of underground facilities, buried debris, stained soils, waste drums, tanks, or odorous soils. Potentially Significant Impact Unless Mitigated: Seismic Activity SACommunity Development \DEV PMTS \S P \11 -North Park \Environmental \050412 Draft Findings.doc 9 / 4q)0 G qq North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findin4s of Fact The Specific Plan site could experience ground motion and seismic shaking which would be considered a significant impact. Onsite soils, including alluvial soils and surficial colluvium, would potentially be subject to seismic settlement. Potentially significant impacts related to slope stability are expected to occur from the creation of the cut and fill slopes within Saugus Formation and Older Alluvium present on the project site. Finding Consistent with CEQA, Public Resources Code Section 21081, changes or alterations have been required in, or incorporated into, the Project, which mitigate or avoid the significant environmental effects on the environment as identified in the Final Program EIR. Facts in Support of Finding The significant effect has been avoided or mitigated to a level that is less than significant by inclusion of project design features, standard conditions and requirements, and adoption of the following mitigation measures as identified in the Final Program EIR. Project Design Features Final Program EIR Section 3.7: Geology and Soils To ensure the health, safety, and general welfare of the public, and to minimize the risk of danger to the public, the Specific Plan designates known seismic hazard areas as public /private open space to the extent feasible. Standard Conditions and Requirements Final Program EIR Section 3.7: Geology and Soils The proposed development, including the recreational lake, shall be designed in compliance with the Uniform Building Code (UBC), accepted industry standards, and the City's earthquake safety Municipal Code requirements in Chapter 15.32. Mitigation Measures Final Program EIR Section 3.7: Geology and Soils 1. Complete removal and recompaction of the alluvial deposits to geotechnically competent materials shall be performed to the satisfaction of the City Engineer in areas proposed for development if fill is to be placed on top of these sediments. Additional compressible materials that will probably require removal include topsoil, colluvium infilling swales and landslide grabens, surficial slumps, debris flows, landslide debris, and uncontrolled fills. 2. The small landslides in the southern and central portions of the Specific Plan site where development is proposed shall be evaluated further prior to grading for parcel /tract maps by an engineering geologist and a geotechnical engineer to determine their lateral extent, depth, and potential instability from grading. If these areas are to be buried under the proposed fills, partial to complete removal of the landslides during grading as recommended by the reviewing engineer will be necessary to mitigate the effects of settlement due to fill loads. The grading plan shall be subject to the approval of the City Engineer. SACommunity Development \DEV PMTS \S P \11 -North Park \Environmental \050412 Draft Findings.doc 0 A ^ North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact 3. During the review of tentative tract maps and discretionary permits, faults mapped within the development area of the Specific Plan site shall be examined in the field by a geologic engineer to verify their location and recency of movement. Exploratory work shall be conducted to locate and define the activity status of the northeast to northwest - trending faults that have been mapped within the area proposed for development. If an active fault is encountered, structural setbacks away from the active fault shall be prescribed by a certified engineering geologist. 4. Areas of loose, cohesionless soils (i.e., unconsolidated alluvial deposits, colluvium, topsoil, and debris flow deposits) that may be susceptible to seismic ground shaking, fault- induced ground rupture, liquefaction, landslides, or settlement shall be completely removed and replaced with compacted fill during all grading activities for tract maps and discretionary permits. This work shall be based on investigation by a geologist and approved by the City Engineer. Areas underlain with artificial fill, especially where placed as part of the oil field activities or in the reservoirs, shall also be removed and recompacted during grading. Subdrains shall be placed according to a soils engineer's recommendations along canyon bottoms. A geotechnical engineer shall evaluate areas of sandy alluvial soils within the proposed development area that will not be removed during grading for potential liquefaction and provide site - specific measures. 5. Prior to the issuance of grading permits for individual tracts or parcels, additional detailed geotechnical investigations and slope stability analyses shall be performed for the slopes impacted by seismically- induced landslides, and site - specific measures implemented, as necessary. This shall include transitional landslide areas in the north - central portion of the Specific Plan site. Mitigation alternatives for unstable slopes include the construction of earthen buttresses, re- grading of the slopes to less steep gradients, or delineation of structural setbacks. If some of the landslides that encroach onto the northerly portion of the proposed development are left in place without stabilization, a review of their stability under seismically loading shall be conducted and remediated. 6. Concurrent with the submittal of all tentative tract maps, the project applicant shall submit a detailed geologic and soils engineering report meeting the requirements of the City of Moorpark Subdivision Ordinance. If the detailed investigation confirms the existence of geologic hazards, the City Engineer shall require use limitations or special earthquake resistant design features as appropriate. Other specific recommendations included in the report shall be incorporated into the grading, building, and improvement plans and permits for each discretionary permit required by the City of Moorpark. Potentially Significant Impact Unless Mitigated: Potential for Compressible Soils and Settlement Onsite alluvial deposits, colluvial soils, and fill are considered to be compressible and the potential for settlement is significant. The geotechnical hazard posed by soil expansion of onsite soils is considered to be potentially significant. SACommunity Development \DEV PMTS \S P \11 -North Park \Environmental \050412 Draft Findings.doc 51 0000l'u North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findinos of Fact Finding Consistent with CEQA, Public Resources Code Section 21081, changes or alterations have been required in, or incorporated into, the Project, which mitigate or avoid the significant environmental effects on the environment as identified in the Final Program EIR. Facts in Support of Finding The significant effect has been avoided or mitigated to a level that is less than significant by adoption of the following mitigation measures as identified in the Final Program EIR. Mitigation Measures Final Program EIR Section 3.7: Geology and Soils 7. Development areas shall be stripped of vegetation and debris prior to the start of grading. Irrigation lines and abandoned underground storage tanks (if encountered), and water and oil wells shall be removed and disposed off the site. Any sump deposits encountered on the site shall be identified and remediated as necessary. Prior to placement of compacted fill, all compressible materials shall be removed. The grading plan shall be approved by the City Engineer. 8. Construction of onsite structures shall begin only after settlement of fill materials in deep canyon areas has been stabilized. In order to determine when settlement is complete, laboratory testing and analysis by a geotechnical engineer shall be performed for as- graded conditions on all tracts /parcels in areas over large canyon fills. An alternative would be the installation of a settlement monitoring system. Determination of where testing is required and findings of the stability analysis shall be approved by the City Engineer prior to construction. 9. A determination of soil expansivity and development of appropriate remedial measures shall be performed by a geotechnical engineer prior to site development. This evaluation shall be performed during the subsurface geotechnical investigations. If expansive clay is encountered at shallow depths, clay -rich soils shall be removed and replaced with a specified thickness of non - expansive granular soil beneath the structures, concrete slabs, and footings, as necessary. During grading of localized expansive soils mixing with the more common, granular non - expansive soils present onsite should be sufficient to mitigate this impact. Alternatively, mitigation of expansive soils can be accomplished during construction by pre- saturation of the expansive materials and /or reinforcement of the building foundations and slabs. 10. Prior to the issuance of the first grading permit, the applicant shall conduct a visual inspection, with photographs, of the existing residences located along the south - southwestern perimeter of the Specific Plan site and shall establish surface survey monuments in the existing fill areas adjacent to these residences prior to grading of the Specific Plan site. This information will establish a baseline of the existing conditions of these residences prior to grading in order to compare home conditions at the completion of grading. SACommunity Development \DEV PMTS \S P \11 -North Park \Environmental\050412 Draft Findings.doc 20 ,4-r JL North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findinas of Fact Potentially Significant Impact Unless Mitigated: Surficial Slumping and Debris Flow Hazards Surficial slumping and debris flow hazards known to exist on the Specific Plan site are considered to present a potentially significant impact to the Project. Finding Consistent with CEQA, Public Resources Code Section 21081, changes or alterations have been required in, or incorporated into, the Project, which mitigate or avoid the significant environmental effects on the environment as identified in the Final Program EIR. Facts in Support of Finding The significant effect has been avoided or mitigated to a level that is less than significant by adoption of the following mitigation measures as identified in the Final Program EIR. Mitigation Measures Final Program EIR Section 3.7: Geology and Soils 11. Debris and /or retention basins shall be designed by the project applicant's engineer to mitigate any debris flows that may emulate from the undeveloped portions of the site. The project engineer shall perform regular field checks of the debris and retention basins during the entire construction period and until the slopes and graded areas have been revegetated to the satisfaction of the City Engineer and Community Development Director. Following the first season storm after construction of backbone infrastructure, the project engineer shall field check erosion control devices to confirm that they are performing as designed. All subsequent annual field checks shall be performed by the pertinent agency (e.g., Ventura County Watershed Protection, Maintenance District). 12. Prior to the issuance of each grading permit, debris flows and surficial slumping shall be evaluated and permits conditioned so that surficial landslide and debris flow deposits are either removed during mass grading or contained with an adequately -sized retaining device, such as a debris basin, during construction of infrastructure. Additional evaluation to determine the locations and potential debris flow volumes should be performed during the design phase of the proposed debris basins. Potentially Significant Impact Unless Mitigated: Landslide Hazards Development within the location of the helispot, observatory, and two northernmost water tank sites would result in significant impacts related to landslide hazards. Finding Consistent with CEQA, Public Resources Code Section 21081, changes or alterations have been required in, or incorporated into, the Project, which mitigate or avoid the significant environmental effects on the environment as identified in the Final Program EIR. Facts in Support of Finding The significant effect has been avoided or mitigated to a level that is less than significant by adoption of the following mitigation measure as identified in the Final Program EIR. SACommunity Development\DEV PMTS \S P \11 -North Park \Environmental \050412 Draft Findings.doc 53 0 Q007w North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact Mitigation Measures Final Program EIR Section 3.7: Geology and Soils 13. To mitigate potential large landslides in the north- central portion near the heliport, observatory, and northernmost water tanks, the following mitigation measures shall be implemented: a. For the natural and proposed slopes on the southeast side of the landslide area, slope trimming and /or construction of soldier piles is required. b. For the natural slope adjacent to the northwest of the proposed water tank site (head scarp area of the existing landslide complex), construction of soldier piles extending below the potential failure surfaces and /or construction of shear /buttress keys and fills in the upper portion (head scarp area) of the existing landslide complex is required. or c. Alternately, the helipad, observatory, and water tanks shall be shifted to the south, away from the existing landslide, along the existing ridgelines for approximately 50 to 100 feet. Potentially Significant Impact Unless Mitigated: P_ resence of Permeable Materials in Saugus Formation Affecting Lake The lake is sited in an area of Saugus Formation bedrock which contains potentially permeable materials that could adversely affect the structural performance of the lake. Finding Consistent with CEQA, Public Resources Code Section 21081, changes or alterations have been required in, or incorporated into, the Project, which mitigate or avoid the significant environmental effects on the environment as identified in the Final Program EIR. Facts in Support of Finding The significant effect has been avoided or mitigated to a level that is less than significant by inclusion of standard conditions and requirements, and adoption of the following mitigation measure as identified in the Final Program EIR. Standard Conditions and Requirements Final Program EIR Section 3.7: Geology and Soils • The proposed development, including the recreational lake, shall be designed in compliance with the Uniform Building Code (UBC), accepted industry standards, and the City's earthquake safety Municipal Code requirements in Chapter 15.32. The design and construction of the lake shall comply with current dam safety design standards as set forth by the State of California Department of Water Resources, Division of Safety of Dams (DSOD) requirements, to reduce the hazard of seiche and potential inundation of downstream areas in the event of dam failure. To the extent SACommunity Development \DEV PMTS \S P \11 -North Park \Environmental \050412 Draft Findings.doc 4 0060:3 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact required by law, the detention basin structures shall also comply with the DSOD requirements for their design and construction. Mitigation Measure Final Program EIR Section 3.7: Geology and Soils 14. To ensure low permeability of the lake lining, special handling (i.e., special stockpiling and mixing procedures) of the Saugus Formation bedrock mined for the lining shall be required. Further laboratory testing of the stockpiled materials shall also be required to confirm the suitability of these soils prior to their placement. Additionally, the soils derived from this bed shall be mixed with soils having a higher percentage of particles that were two microns in size, as determined by the project geologist. Potentially Significant Impact Unless Mitigated: Erosion Potential The potential for erosion of onsite materials during construction, especially during periods of heavy rain, is considered a short-term significant impact. During wet winters, debris flows emanating from the canyons, especially if laden with landslide debris, could pose a serious threat to life and property, which would be considered a potentially significant impact. Finding Consistent with CEQA, Public Resources Code Section 21081, changes or alterations have been required in, or incorporated into, the Project, which mitigate or avoid the significant environmental effects on the environment as identified in the Final Program EIR. Facts in Support of Finding The significant effect has been avoided or mitigated to a level that is less than significant by inclusion of project design features, standard conditions and requirements, and mitigation measures as identified in the Final Program EIR. Proiect Design Features Final Program EIR Section 3.8: Hydrology and Water Quality • As a part of the Phase A and buildout projects, the project design incorporates onsite debris and retention basins. Standard Conditions and Requirements Final Program EIR Section 3.7: Geology and Soils Prior to issuance of a grading permit for any development on the Specific Plan site, the project applicant shall submit an erosion control plan to the City Engineer for review and approval. The erosion control plan shall include measures to reduce the amount of onsite and offsite erosion during construction of the proposed project, proper care of drainage control devices, proper irrigation, rodent control, and landscaping. To supplement the erosion control plan, hydroseeding of affected graded slopes shall be performed by the project applicant within 30 days of grading of the slope area. SACommunity Development\DEV PMTS \S P \11 -North Park \Environmental \050412 Draft Findings.doc 000074 55 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findinqs of Fact Final Program EIR Section 3.8: Hydrology and Water Quality During grading, the following requirements shall apply: a. Grading may occur during the rainy season from October 15th to April 15th subject to approval by the City Engineer and installation of erosion control facilities. Erosion control measures shall be in place and functional between October 15th and April 15th. In order to comply with the October 15 date, revised erosion control plans shall be submitted to the City Engineer, no later than September 15th of each year from the start of grading or clearing operations to the time of grading bond release. b. Temporary irrigation, hydroseeding and erosion control measures shall be implemented on all temporary grading. Temporary grading is defined to be any grading partially completed and any disturbance of existing natural conditions due to construction activity. These measures will apply to temporary grading activity that remains or is anticipated to remain unfinished or undisturbed in its altered condition for a period of time greater than 30 days or the beginning of the rainy season whichever comes first. Mitigation Measures Final Program EIR Section 3.8: Hydrology and Water Quality 3. During site preparation and construction, the contractor shall minimize disturbance of natural groundcover on the project site until such activity is required for grading and construction purposes. During grading operations, the developer shall employ a full -time superintendent for National Pollutant Discharge Elimination System (NPDES) compliance. If determined necessary by the City Engineer, the NPDES superintendent shall be present on the project site Monday through Friday and on all other days when the probability of rain is 40 percent or higher and prior to the start of and during all grading or clearing operations until the release of grading bonds. The NPDES superintendent shall have full authority to hire personnel, bind the developer in contracts, rent equipment, and purchase materials to the extent needed to effectuate Best Management practices. The NPDES superintendent shall provide proof to the City Engineer of attendance and satisfactory completion of courses satisfactory to the City Engineer totaling no less than eight hours directed specifically to NPDES compliance and effective use of Best Management Practices. Proof of such attendance and completion shall be provided to the City Engineer prior to employment of the NPDES superintendent. 4. Prior to issuance of the initial grading permit, the applicant shall have prepared a Storm Water Quality Urban Impact Mitigation Plan (SQUIMP) and include Non - Structural, Source Control, and Structural Best Management Practices (BMPs). A Certified Erosion and Sediment Control Professional or qualified Civil Engineer shall prepare the SQUIMP. The SQUIMP shall be reviewed and approved by the Moorpark Community Development Director and City Engineer. The development of the SQUIMP shall conform to the Ventura County National Pollutant Discharge Elimination System permit, the SQUIMP standards, and the Technical Guidance Manual for Storm Water Quality Control Measures. The following are the minimum required mitigation from the Technical Guidance Manual for Storm Water Quality Control Measures. General Site Design SACommunity Development \DEV PMTS\S P \11 -North Park \Environmental \050412 Draft Findings.doc 56 000075 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findinqs of Fact G -1 Conserve Natural Areas. This measure involves locating development on the least sensitive portion of a site and conserving naturally vegetated areas. This measure can minimize environmental impacts in general and storm water runoff impacts in particular. The design of the North Park Specific Plan currently incorporates some of these planning measures. G -2 Protect Slopes and Channels. If not properly protected and stabilized, erosion of slopes and channels can be major sources of sediment and associated pollutants, such as nutrients. Channel stability and erosion control measures shall be analyzed and discussed the Master Plan of Drainage (see Mitigation Measure 1). G -3 Control Peak Storm Water Runoff Discharge Rates. Unless controlled, peak storm water runoff rates from developed areas are typically higher than those from previously undeveloped areas. Higher peak flows can change stream morphology and increase downstream erosion that can damage stream habitat, impact aesthetic values, and convey larger pollutant loads to receiving waters. Therefore, the project must mitigate the post - development discharge rates to less than the existing storm event peak flow rates. G -4 Minimize Impervious Area. Suggested strategies for minimizing imperviousness through site design include: reduce footprints of buildings and parking lots, cluster buildings and paved areas, use minimum allowable roadway and sidewalk sections and parking stall widths, include landscape islands in cul -de -sacs, use pervious pavement materials, provide grassy bioswale area that meet NPDES requirements within the downstream portions of the lot areas protected and maintained by Homeowner Associations, and use grass -lined channels or surface swales to convey runoff instead of paved gutters. Such measures shall be included in the SQUIMP portion of the Master Plan of Drainage. G -5 Minimize Effective Imperviousness. This approach involves routing runoff from impervious areas over grassy areas or other pervious areas prior to discharge to the storm drainage system or receiving water to reduce peak flows, reduce total runoff volume and provide some degree of pollutant removal. Three methods for minimizing effective imperviousness include turf buffers, grassy bioswale areas that meet NPDES requirements within the downstream portions of the lot areas that are protected and maintained by a Homeowners Association, and grass - lined channels. This approach shall be addressed in the SQUIMP portion of the Drainage Master Plan. Site - Specific Source Control The SQUIMP portion of the Drainage Master Plan shall address: S -1 Storm Drain Message and Signage. The appropriate locations for the signage regarding discharge prohibitions at storm drain inlets and a standard message to be used throughout the Specific Plan site. S -2 Outdoor Material Storage Area Design. General design criteria for outdoor material storage area design. SACommunity Development\DEV PMTS \S P\11 -North Park \Environmenta1\050412 Draft Findings.doc . ` 60 0-1 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact S -3 Outdoor Trash Storage and Waste Handling Area Design. General design criteria for outdoor trash storage and waste handling area design. S -4 Outdoor Loading /Unloading Dock Area Design. General design criteria for outdoor loading /unloading dock area design. S -5 Outdoor Repair /Maintenance Bay Design. General design criteria for outdoor repair and maintenance bay design. S -6 Outdoor Vehicle /Equipment/Accessory Washing Area Design. General design criteria for outdoor vehicle, equipment, and accessory washing area design. S -7 Fueling Area Design. General design criteria for fueling area design. S -8 Proof of Control Measure Maintenance. To ensure that maintenance is provided, the County of Ventura Watershed Protection District may require a Maintenance Agreement and a Maintenance Plan from the owner /operator of the storm water control measures. The SQUIMP shall identify the party(ies) responsible for maintenance of control measures. Structural/Treatment BMPs The SQUIMP shall include structural and /or treatment BMPs. The structural BMPs shall focus on meeting potential TMDL and pollutant standards for residential developments. The treatment BMPs shall conform to the Technical Guidance Manual for Storm Water Control Measures. The SQUIMP guidelines contained in the National Pollutant Discharge Elimination System (NPDES) Permit and Waste Discharge Requirements for Ventura County state that Structural BMPs are required for all new developments. The structural BMPs shall be sized to comply with one of the following numeric sizing criteria, unless an alternative is considered by the permittees to provide equivalent or better treatment. Ground water quality must be evaluated based on the amount of water and the potential pollutants that my be introduced associated with the buildout of the Specific Plan site. Volume -based BMPs shall be designed to infiltrate or treat either: a. The volume of annual runoff based on unit basin storage water quality volume, to achieve 80 percent or more volume treatment by the method recommended in the California Storm Water Best Management Practices Handbook — Industrial/ Commercial (1993), the Ventura Countywide Storm Water Quality Management Program Land Development Guidelines, or; b. The 85th percentile 24 -hour runoff event determined as the maximized capture storm water volume for the area, from the formula recommended in Urban Runoff Quality Management, WEF Manual of Practice No. 231ASCE Manual of Practice No. 87 (1998), or; c. The volume of runoff produced for a 0.75 inch storm event, prior to its discharge to a storm water conveyance system, or; d. The volume of runoff produced from a historical- record based reference 24 -hour rainfall criterion for "treatment" that achieves approximately reduction in pollutant SACommunity Development\DEV PMTS\S P\11 -North Park \Environmental \050412 Draft Findings.doc 58 0000712 North Park Village and Nature Preserve Specific Plan Final Program E!R No. 2001 -01 Draft Findings of Fact loads achieved by the 85th percentile 24 -hour runoff event. The volume of runoff produced from the 85th percentile 24 -hour storm event, as determined from the local historical rainfall record; or Flow -based BMPs shall be designed to infiltrate or treat either: a. 10 percent of the 50 -year design flow rate, or; b. A flow that will result in treatment of the same portion of runoff as treated using volumetric standards, or; c. A rain event equal to at least 0.2 inches per hour intensity, or; d. A rain event equal to at least two times the 85th percentile hourly rainfall intensity for Ventura County. The Technical Guidance Manual for Storm Water Quality Control Measures requires that treatment controls measures be used for any new development. The following is a partial list of treatment control measures that may be used by the applicant: T -1 Grass Strip Filter T -2 Grass Swale Filter T -3 Extended Detention Basin T -4 Wet Detention Basin T -5 Constructed Wetland T -6 Detention Basin /Sand Filter T -7 Porous Pavement Detention T -8 Porous Landscape Detention T -9 Infiltration Basin T -10 Infiltration Trench The following discussion identifies treatment control measures that are appropriate for use on the North Park Specific Plan site: T-1&-2: Grass Strip and Swales. An appropriate treatment is either vegetative swales, enhanced vegetated swales utilizing check dams and wide depressions, a series of small detention facilities designed similarly to a dry detention basin, or a combination of these treatment methods into a treatment train (a series of Structural BMPs). It is essential that the SQUIMP address treatment for North Park to assure that the runoff from the site be treated to the "maximum extent practicable ". SACommunity Development \DEV PMTS \S P \11 -North Park \Environmental \050412 Draft Findings.doc 59 0 ©00 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact In order for the vegetation swales to be effective in the removal of potential pollutants, the swales must be treated as water quality features and must be maintained differently than grass areas. Specifically, pesticides, herbicides, and fertilizers, which may be used on the grass areas, must not be used in the vegetation swales. T -3: Extended Detention Basins (T -3). Construction of extended detention basins within the proposed retention basin is likely the most efficient way of treating storm water runoff from North Park. The purpose of the extended detention basin is to aid in the removal mechanism: settling or sedimentation; adsorption to sediments, vegetation, or detritus; filtration by plants; microbial uptake and /or transformation; and uptake by wetland plants or algae. The removal of the urban runoff pollutants occurs during the slow draining of the basin (minimum 24 hours). Water Quality Basins are expected to reduce the following pollutants: total suspended solids, total phosphorous, total nitrogen, chemical oxygen demand (COD), total lead, total zinc, total copper, and bacteria. If other treatment controls are used, such as those discussed below, the treatment volumes for the extended detention basins can be reduced or eliminated. Several of the following treatment control measures could be used within the development in parks or single lots. T -9 & -10 Infiltration Trenches and Basins. Infiltration Trenches and /or Basins may be used onsite to meet potential future TMDLs for noxious aquatic plants and nutrients. Infiltration trenches and basins treat storm water runoff through filtration. A typical infiltration trench is essentially an excavated trench, which is lined with filter fabric and backfilled with stones. Depth of the infiltration trench ranges from three to eight feet and functions best in areas with permeable soils, and water table and bedrock depth situated well below the bottom of the trench. Trenches should not be used to trap coarse sediments, because large sediment will likely clog the trench. Grass buffers can be installed to capture sediment before it enters the trench to minimize clogging. Infiltration basins are generally used for drainage areas between five to 50 acres. Infiltration basins can be either in -line or off -line, and may treat different volumes such as the water quality volume or the two -year or 10 -year storm. 5. Prior to the issuance of the first grading permit and as a part of the project's compliance with the National Pollutant Discharge Elimination System (NPDES) program, the applicant shall file a Notice of Intent (NOI) with the Los Angeles Regional Water Quality Control Board providing notification and intent to comply with the State of California general permit. Prior to issuance of the first grading permit, a Storm Water Pollution Prevention Plan ( SWPPP) must be completed for onsite and associated offsite construction activities. A copy of the SWPPP must be available and implemented at the construction site at all times. The SWPPP outlines the source control and /or treatment control Best Management Practices (BMPs) that will avoid or mitigate runoff pollutants at the construction site to the "maximum extent practicable ". A listing of these BMPs from the California Storm Water Best Management Practice Handbook - Construction Activity is provided below. SACommunity Development \DEV PMTS \S P \11 -North Park \Environmental \050412 Draft Findings.doc 60 00001-79 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findinqs of Fact CA 1 Dewatering Operations. This operation requires the use of sediment controls to prevent or reduce the discharge of pollutant to storm water from dewatering operations. CA 2 Paving Operations. Prevent or reduce the runoff of pollutant from paving operations by proper storage of materials, protecting storm drain facilities during construction, and training employees. CA 3 Structural Construction and Painting. Keep site and area clean and orderly, use erosion control, use proper storage facilities, use safe products, and train employees to prevent and reduce pollutant discharge to storm water facilities from construction and painting. CA 10 Material Delivery and Storage. Minimize the storage of hazardous materials on the site. If stored onsite, keep in designated areas, install secondary containment, conduct regular inspections, and train employees. CA 11 Material Use. Prevent and reduce the discharge of pesticides, herbicides, fertilizers, detergents, plaster, petroleum products and other hazardous materials from entering the storm water. CA 20 Solid Waste Management. This BMP describes the requirements to properly design and maintain trash storage areas. The primary design feature requires the storage of trash in covered areas. CA 21 Hazardous Waste Management. This BMP describes the requirements to properly design and maintain waste areas. CA 23 Concrete Waste Management. Prevent and reduce pollutant discharge to storm water from concrete waste by providing onsite and offsite washouts in designated areas and training employees and consultants regarding their use. CA 24 Sanitary Septic Water Management. Provide convenient, well- maintained facilities, and arrange regular service and disposal of sanitary waste. CA 30 Vehicle and Equipment Cleaning. Use offsite facilities or wash in designated areas to reduce pollutant discharge into the storm drain facilities. CA 31 Vehicle and Equipment Fueling. Use offsite facilities or designated onsite enclosed coverings to reduce pollutant discharge into the storm drain facilities. CA 32 Vehicle and Equipment Maintenance. Use offsite facilities or designated onsite enclosed areas with coverings to reduce pollutant discharge into the storm drain facilities. In addition, run a "dry site" to prevent pollution discharge into storm drains. CA 40 Employee and Subcontractor Training. Have training sessions for employees and subcontractors to understand the need for implementation and usage of BMPs and the need and purpose for keeping the site clean. ESC 2 Preservation of Existing Vegetation. Minimize the removal of existing trees and shrubs because they serve as erosion control. ESC 10 Seeding and Planting. Provide soil stability by planting and seeding grasses, trees, shrubs, vines, and ground cover. SACommunity Development \DEV PMTS \S P \11 -North Park \Environmenta1\050412 Draft Findings.doc til 000030 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findinqs of Fact ESC 11 Mulching. Stabilize cleared or freshly seeded areas with mulch. ESC 20 Geotextiles and Mats. Natural or synthetics material can be used for soil stability. ESC Dust Control. Reduce wind erosion and dust generated by construction activities by using dust control measures. ESC 23 Construction Road Stabilization. All onsite vehicle transport routes should be stabilized immediately after grading and frequently maintained to prevent erosion and control dust. ESC 24 Stabilized Construction Entrance. Stabilize the construction entrance area to reduce amount of sediment tracked off the site. ESC 30 Earth Dikes. Construct earth dikes of compacted soil to divert runoff or channel water to a desired location. ESC 31 Temporary Drains and Swales. Use temporary drains and swales to divert offsite runoff around the construction site, stabilized areas, and direct it into sediment basins or traps. ESC 40 Outlet Protection. Use rock or grouted rock at outlet pipes to prevent scouring of soil caused by high velocities. ESC 41 Check Dams. Check dams reduce velocities of concentrated flows, thereby reducing erosion, and promoting sedimentation behind the dams. Check dams are small and placed across swales and drainage ditches. ESC 50 Silt Fence. Composed of filter fabric, which have been entrenched, attached to support poles and sometimes backed by wire fence support. Silt fences promote sedimentation behind the fence of sediment -laden water. ESC 51 Straw Bale Barrier. Place straw bales end to end in a level contour in a shallow trench and stake them in place. The bales will detain runoff and promote sedimentation. ESC 52 Sand Bag Barriers. By stacking sand bags on a level contour, creates a barrier to detain sediment -laden water. The barrier will promote sedimentation. ESC 53 Brush or Rock Filter. Made of 3/ -inch to three -inch diameter rocks place on a level contour or composed of brush wrapped in filter cloth and staked to the toe of the slope will provide a sediment trap. ESC 54 Storm Drain Inlet Protection. Devises that remove sediment from sediment laden storm water before entering the storm drain inlet or catch basin. ESC 55 Sediment Trap. A sediment trap is a small, excavated or bermed area where runoff for small drainage areas can pass through allowing sediment to settle out. SACommunity Development \DEV PMTS\S P \11 -North Park \Environmental \050412 Draft Findings.doc bL 000031. North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact HYDROLOGY AND WATER QUALITY Potentially Significant Impact Unless Mitigated: Surface Runoff Implementation of Phase A would result in increased runoff at discharge point G for 2- and 5 -year storm events. The North Park development would result in an increase in impervious areas on the site and would increase the tributary areas to discharge points B, E, and G. Finding Consistent with CEQA, Public Resources Code Section 21081, changes or alterations have been required in, or incorporated into, the Project, which mitigate or avoid the significant environmental effects on the environment as identified in the Final Program EIR. Facts in Support of Finding The significant effect has been avoided or mitigated to a level that is less than significant by inclusion of project design features and adoption of the following mitigation measures as identified in the Final Program EIR. Project Design Features Final Program EIR Section 3.8: Hydrology and Water Quality • As a part of the Phase A and buildout projects, the project design incorporates onsite debris and retention basins. Mitigation Measures Final Program EIR Section 3.8: Hydrology and Water Quality The applicant shall be responsible for the preparation of a comprehensive Master Plan of Drainage for the North Park Specific Plan Site in conjunction with the Ventura County Watershed Protection District adopted Master Drainage Plan. The Master Plan shall address: hydrology, detention basin design, storm water Best Management Practices (BMPs), and stream stability associated with the Phase A and buildout projects. The Master Plan shall be submitted to the City of Moorpark and the County of Ventura for approval prior to the issuance of the first grading permit. 2. The applicant shall be responsible for the preparation of a Runoff Management Plan (RMP) to be approved by the City of Moorpark City Engineer prior to the issuance of the first grading permit. The Ventura County Watershed Protection District adopted Master Drainage Plan and the Ventura County Watershed Protection Design and Hydrology Manuals shall be used as the basis for the RMP. At a minimum, the RMP shall include the following information: a. Time of Concentration Calculations for each storm event for existing and buildout conditions. b. For buildout conditions, a master plan of "back bone" storm drain facilities routing shall be included in the rational method calculations. SACommunity Development\DEV PMTS \S P\11 -North Park \Environmental \050412 Draft Findings.doc 63 U0v0.0 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact c. Impervious ratios for onsite development shall correspond to the Calleguas Creek Master Hydrology Study. d. Rational method runs for all storm events using the VCRAT {grogram. e. Detailed calculations for flow -by and flow- through retention and detention basins. f. Determination of State Division of Safety of Dams jurisdictional criteria and documentation on which basins fall within State Division of Safety of Dams jurisdiction. g. Channel stability and sediment transport analysis for any natural areas adjacent to development. This analysis shall include the natural drainage downstream of all discharge points. In areas, where the stability analysis indicates that channel degradation is likely, channel stabilization or other City approved measure shall be implemented. Potentially Significant Impact Unless Mitigated: Storm Water Quality Phase A of the Project would increase impervious areas and introduce new land uses that would impact storm water quality by increasing pollutant loading immediately downstream of the site and possibly in the Arroyo Simi. Finding Consistent with CEQA, Public Resources Code Section 21081, changes or alterations have been required in, or incorporated into, the Project, which mitigate or avoid the significant environmental effects on the environment as identified in the Final Program EIR. Facts in Support of Finding The significant effect has been avoided or mitigated to a level that is less than significant by inclusion of project design features, standard conditions and requirements, and adoption of the following mitigation measures as identified in the Final Program EIR. Project Design Features Final Program EIR Section 3.8: Hydrology and Water Quality As a part of the Phase A and buildout projects, the project design incorporates onsite debris and retention basins. Standard Conditions and Requirements Final Program EIR Section 3.8: Hydrology and Water Quality • During grading, the following requirements shall apply: a. Grading may occur during the rainy season from October 15th to April 15th subject to approval by the City Engineer and installation of erosion control facilities. Erosion control measures shall be in place and functional between October 15th and April 15th. In order to comply with the October 15 date, revised erosion control plans shall SACommunity Development \DEV PMTS \S P \11 -North Park \Environmental \050412 Draft Findings.doc b4 000033 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact be submitted to the City Engineer, no later than September 15th of each year from the start of grading or clearing operations to the time of grading bond release. b. Temporary irrigation, hydroseeding and erosion control measures shall be implemented on all temporary grading. Temporary grading is defined to be any grading partially completed and any disturbance of existing natural conditions due to construction activity. These measures will apply to temporary grading activity that remains or is anticipated to remain unfinished or undisturbed in its altered condition for a period of time greater than 30 days or the beginning of the rainy season whichever comes first. Mitigation Measures Final Program EIR Section 3.8: Hydrology and Water Quality 3. During site preparation and construction, the contractor shall minimize disturbance of natural groundcover on the project site until such activity is required for grading and construction purposes. During grading operations, the developer shall employ a full -time superintendent for National Pollutant Discharge Elimination System ( NPDES) compliance. The NPDES superintendent shall be present on the project site Monday through Friday and on all other days when the probability of rain is 40 percent or higher and prior to the start of and during all grading or clearing operations until the release of grading bonds. The NPDES superintendent shall have full authority to hire personnel, bind the developer in contracts, rent equipment, and purchase materials to the extent needed to effectuate Best Management practices. The NPDES superintendent shall provide proof to the City Engineer of attendance and satisfactory completion of courses satisfactory to the City Engineer totaling no less than 8 hours directed specifically to NPDES compliance and effective use of Best Management Practices. Proof of such attendance and completion shall be provided to the City Engineer prior to employment of the NPDES superintendent. 4. Prior to issuance of the initial grading permit, the applicant shall have prepared a Storm Water Quality Urban Impact Mitigation Plan (SQUIMP) and include Non - Structural, Source Control, and Structural Best Management Practices (BMPs). A Certified Erosion and Sediment Control Professional or qualified Civil Engineer shall prepare the SQUIMP. The SQUIMP shall be reviewed and approved by the Moorpark Community Development Director and City Engineer. The development of the SQUIMP shall conform to the Ventura County National Pollutant Discharge Elimination System permit, the SQUIMP standards, and the Technical Guidance Manual for Storm Water Quality Control Measures. The following are the minimum required mitigation from the Technical Guidance Manual for Storm Water Quality Control Measures. General Site Design G -1 Conserve Natural Areas. This measure involves locating development on the least sensitive portion of a site and conserving naturally vegetated areas. This measure can minimize environmental impacts in general and storm water runoff impacts in particular. The design of the North Park Specific Plan currently incorporates some of these planning measures. G -2 Protect Slopes and Channels. If not properly protected and stabilized, erosion of slopes and channels can be major sources of sediment and associated SACommunity Development\DEV PMTS \S P \11 -North Park \Environmental \050412 Draft Findings.doc 05 0 00W-3 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact pollutants, such as nutrients. Channel stability and erosion control measures shall be analyzed and discussed the Master Plan of Drainage (see Mitigation Measure 1). G -3 Control Peak Storm Water Runoff Discharge Rates. Unless controlled, peak storm water runoff rates from developed areas are typically higher than those from previously undeveloped areas. Higher peak flows can change stream morphology and increase downstream erosion that can damage stream habitat, impact aesthetic values, and convey larger pollutant loads to receiving waters. Therefore, the project must mitigate the post - development discharge rates to less than the existing storm event peak flow rates. G -4 Minimize Impervious Area. Suggested strategies for minimizing imperviousness through site design include: reduce footprints of buildings and parking lots, cluster buildings and paved areas, use minimum allowable roadway and sidewalk sections and parking stall widths, include landscape islands in cul -de -sacs, use pervious pavement materials, provide grassy bioswale area that meet NPDES requirements within the downstream portions of the lot areas protected and maintained by Homeowner Associations, and use grass -lined channels or surface swales to convey runoff instead of paved gutters. Such measures shall be included in the SQUIMP portion of the Master Plan of Drainage. G -5 Minimize Effective Imperviousness. This approach involves routing runoff from impervious areas over grassy areas or other pervious areas prior to discharge to the storm drainage system or receiving water to reduce peak flows, reduce total runoff volume and provide some degree of pollutant removal. Three methods for minimizing effective imperviousness include turf buffers, grassy bioswale areas that meet NPDES requirements within the downstream portions of the lot areas that are protected and maintained by a Homeowners Association, and grass - lined channels. This approach shall be addressed in the SQUIMP portion of the Drainage Master Plan. Site - Specific Source Control The SQUIMP portion of the Drainage Master Plan shall address: S -1 Storm Drain Message and Signage. The appropriate locations for the signage regarding discharge prohibitions at storm drain inlets and a standard message to be used throughout the Specific Plan site. S -2 Outdoor Material Storage Area Design. General design criteria for outdoor material storage area design. S -3 Outdoor Trash Storage and Waste Handling Area Design. General design criteria for outdoor trash storage and waste handling area design. S -4 Outdoor Loading /Unloading Dock Area Design. General design criteria for outdoor loading /unloading dock area design. S -5 Outdoor Repair /Maintenance Bay Design. General design criteria for outdoor repair and maintenance bay design. SACommunity Development \DEV PMTS \S P\11 -North Park \Environmental \050412 Draft Findings.doc 101 000035 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact S -6 Outdoor Vehicle /Equipment/Accessory Washing Area Design. General design criteria for outdoor vehicle, equipment, and accessory washing area design. S -7 Fueling Area Design. General design criteria for fueling area design. S -8 Proof of Control Measure Maintenance. To ensure that maintenance is provided, the County of Ventura Watershed Protection District may require a Maintenance Agreement and a Maintenance Plan from the owner /operator of the storm water control measures. The SQUIMP shall identify the party(ies) responsible for maintenance of control measures. Structural/Treatment BMPs The SQUIMP shall include structural and /or treatment BMPs. The structural BMPs shall focus on meeting potential TMDL and pollutant standards for residential developments. The treatment BMPs shall conform to the Technical Guidance Manual for Storm Water Control Measures. The SQUIMP guidelines contained in the National Pollutant Discharge Elimination System (NPDES) Permit and Waste Discharge Requirements for Ventura County state that Structural BMPs are required for all new developments. The structural BMPs shall be sized to comply with one of the following numeric sizing criteria, unless an alternative is considered by the permittees to provide equivalent or better treatment. Ground water quality must be evaluated based on the amount of water and the potential pollutants that may be introduced associated with the buildout of the Specific Plan site. Volume -based BMPs shall be designed to infiltrate or treat either: a. The volume of annual runoff based on unit basin storage water quality volume, to achieve 80 percent or more volume treatment by the method recommended in the California Storm Water Best Management Practices Handbook — Industrial/ Commercial (1993), the Ventura Countywide Storm Water Quality Management Program Land Development Guidelines, or; b. The 85th percentile 24 -hour runoff event determined as the maximized capture storm water volume for the area, from the formula recommended in Urban Runoff Quality Management, WEF Manual of Practice No. 231ASCE Manual of Practice No. 87 (1998), or; c. The volume of runoff produced for a 0.75 inch storm event, prior to its discharge to a storm water conveyance system, or; d. The volume of runoff produced from a historical- record based reference 24 -hour rainfall criterion for "treatment" that achieves approximately reduction in pollutant loads achieved by the 85tt' percentile 24 -hour runoff event. The volume of runoff produced from the 85th percentile 24 -hour storm event, as determined from the local historical rainfall record; or Flow -based BMPs shall be designed to infiltrate or treat either: a. 10 percent of the 50 -year design flow rate, or; S1Community Development \DEV PMTS \S P \11 -North ParMEnvironmenta1\050412 Draft Findings.doc 67 U000013Ei North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact b. A flow that will result in treatment of the same portion of runoff as treated using volumetric standards, or; c. A rain event equal to at least 0.2 inches per hour intensity, or; d. A rain event equal to at least two times the 85th percentile hourly rainfall intensity for Ventura County. The Technical Guidance Manual for Storm Water Quality Control Measures requires that treatment controls measures be used for any new development. The following is a partial list of treatment control measures that may be used by the applicant: T -1 Grass Strip Filter T -2 Grass Swale Filter T -3 Extended Detention Basin T -4 Wet Detention Basin T -5 Constructed Wetland T -6 Detention Basin /Sand Filter T -7 Porous Pavement Detention T -8 Porous Landscape Detention T -9 Infiltration Basin T -10 Infiltration Trench The following discussion identifies treatment control measures that are appropriate for use on the North Park Specific Plan site: T-1&-2: Grass Strip and Swales. An appropriate treatment is either vegetative swales, enhanced vegetated swales utilizing check dams and wide depressions, a series of small detention facilities designed similarly to a dry detention basin, or a combination of these treatment methods into a treatment train (a series of Structural BMPs). It is essential that the SQUIMP address treatment for North Park to assure that the runoff from the site be treated to the "maximum extent practicable ". In order for the vegetation swales to be effective in the removal of potential pollutants, the swales must be treated as water quality features and must be maintained differently than grass areas. Specifically, pesticides, herbicides, and fertilizers, which may be used on the grass areas, must not be used in the vegetation swales. T -3: Extended Detention Basins (T -3). Construction of extended detention basins within the proposed retention basin is likely the most efficient way of treating storm water runoff from North Park. The purpose of the extended detention basin is to aid in the removal mechanism: settling or sedimentation; adsorption SACommunity Development \DEV PMTS \S P \11 -North Park \Environmental \050412 Draft Findings.doc 68 U10003T North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact to sediments, vegetation, or detritus; filtration by plants; microbial uptake and /or transformation; and uptake by wetland plants or algae. The removal of the urban runoff pollutants occurs during the slow draining of the basin (minimum 24 hours). Water Quality Basins are expected to reduce the following pollutants: total suspended solids, total phosphorous, total nitrogen, chemical oxygen demand (COD), total lead, total zinc, total copper, and bacteria. If other treatment controls are used, such as those discussed below, the treatment volumes for the extended detention basins can be reduced or eliminated. Several of the following treatment control measures could be used within the development in parks or single lots. T -9 & -10 Infiltration Trenches and Basins. Infiltration Trenches and /or Basins may be used onsite to meet potential future TMDLs for noxious aquatic plants and nutrients. Infiltration trenches and basins treat storm water runoff through filtration. A typical infiltration trench is essentially an excavated trench, which is lined with filter fabric and backfilled with stones. Depth of the infiltration trench ranges from three to eight feet and functions best in areas with permeable soils, and water table and bedrock depth situated well below the bottom of the trench. Trenches should not be used to trap coarse sediments, because large sediment will likely clog the trench. Grass buffers can be installed to capture sediment before it enters the trench to minimize clogging. Infiltration basins are generally used for drainage areas between five to 50 acres. Infiltration basins can be either in -line or off -line, and may treat different volumes such as the water quality volume or the two -year or 10 -year storm. 5. Prior to the issuance of the first grading permit and as a part of the project's compliance with the National Pollutant Discharge Elimination System (NPDES) program, the applicant shall file a Notice of Intent (NOI) with the Los Angeles Regional Water Quality Control Board providing notification and intent to comply with the State of California general permit. Prior to issuance of the first grading permit, a Storm Water Pollution Prevention Plan ( SWPPP) must be completed for onsite and associated offsite construction activities. A copy of the SWPPP must be available and implemented at the construction site at all times. The SWPPP outlines the source control and /or treatment control Best Management Practices (BMPs) that will avoid or mitigate runoff pollutants at the construction site to the "maximum extent practicable ". A listing of these BMPs from the California Storm Water Best Management Practice Handbook - Construction Activity is provided below. CA 1 Dewatering Operations. This operation requires the use of sediment controls to prevent or reduce the discharge of pollutant to storm water from dewatering operations. CA 2 Paving Operations. Prevent or reduce the runoff of pollutant from paving operations by proper storage of materials, protecting storm drain facilities during construction, and training employees. CA 3 Structural Construction and Painting. Keep site and area clean and orderly, use erosion control, use proper storage facilities, use safe products, and train employees to prevent and reduce pollutant discharge to storm water facilities from construction and painting. SACommunity Development\DEV PMTS \S P \11 -North Park \Environmental \050412 Draft Findings.doc 69 00003(S North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact CA 10 Material Delivery and Storage. Minimize the storage of hazardous materials on the site. If stored onsite, keep in designated areas, install secondary containment, conduct regular inspections, and train employees. CA 11 Material Use. Prevent and reduce the discharge of pesticides, herbicides, fertilizers, detergents, plaster, petroleum products and other hazardous materials from entering the storm water. CA 20 Solid Waste Management. This BMP describes the requirements to properly design and maintain trash storage areas. The primary design feature requires the storage of trash in covered areas. CA 21 Hazardous Waste Management. This BMP describes the requirements to properly design and maintain waste areas. CA 23 Concrete Waste Management. Prevent and reduce pollutant discharge to storm water from concrete waste by providing onsite and offsite washouts in designated areas and training employees and consultants regarding their use. CA 24 Sanitary Septic Water Management. Provide convenient, well- maintained facilities, and arrange regular service and disposal of sanitary waste. CA 30 Vehicle and Equipment Cleaning. Use offsite facilities or wash in designated areas to reduce pollutant discharge into the storm drain facilities. CA 31 Vehicle and Equipment Fueling. Use offsite facilities or designated onsite enclosed coverings to reduce pollutant discharge into the storm drain facilities. CA 32 Vehicle and Equipment Maintenance. Use offsite facilities or designated onsite enclosed areas with coverings to reduce pollutant discharge into the storm drain facilities. In addition, run a "dry site" to prevent pollution discharge into storm drains. CA 40 Employee and Subcontractor Training. Have training sessions for employees and subcontractors to understand the need for implementation and usage of BMPs and the need and purpose for keeping the site clean. ESC 2 Preservation of Existing Vegetation. Minimize the removal of existing trees and shrubs because they serve as erosion control. ESC 10 Seeding and Planting. Provide soil stability by planting and seeding grasses, trees, shrubs, vines, and ground cover. ESC 11 Mulching. Stabilize cleared or freshly seeded areas with mulch. ESC 20 Geotextiles and Mats. Natural or synthetics material can be used for soil stability. ESC Dust Control. Reduce wind erosion and dust generated by construction activities by using dust control measures. ESC 23 Construction Road Stabilization. All onsite vehicle transport routes should be stabilized immediately after grading and frequently maintained to prevent erosion and control dust. SACommunity Development \DEV PMTS \S P \11 -North Park \Environmental \050412 Draft Findings.doc 70 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact ESC 24 Stabilized Construction Entrance. Stabilize the construction entrance area to reduce amount of sediment tracked off the site. ESC 30 Earth Dikes. Construct earth dikes of compacted soil to divert runoff or channel water to a desired location. ESC 31 Temporary Drains and Swales. Use temporary drains and swales to divert offsite runoff around the construction site, stabilized areas, and direct it into sediment basins or traps. ESC 40 Outlet Protection. Use rock or grouted rock at outlet pipes to prevent scouring of soil caused by high velocities. ESC 41 Check Dams. Check dams reduce velocities of concentrated flows, thereby reducing erosion, and promoting sedimentation behind the dams. Check dams are small and placed across swales and drainage ditches. ESC 50 Silt Fence. Composed of filter fabric, which have been entrenched, attached to support poles and sometimes backed by wire fence support. Silt fences promote sedimentation behind the fence of sediment -laden water. ESC 51 Straw Bale Barrier. Place straw bales end to end in a level contour in a shallow trench and stake them in place. The bales will detain runoff and promote sedimentation. ESC 52 Sand Bag Barriers. By stacking sand bags on a level contour, creates a barrier to detain sediment -laden water. The barrier will promote sedimentation. ESC 53 Brush or Rock Filter. Made of 3/ -inch to three -inch diameter rocks place on a level contour or composed of brush wrapped in filter cloth and staked to the toe of the slope will provide a sediment trap. ESC 54 Storm Drain Inlet Protection. Devises that remove sediment from sediment laden storm water before entering the storm drain inlet or catch basin. ESC 55 Sediment Trap. A sediment trap is a small, excavated or bermed area where runoff for small drainage areas can pass through allowing sediment to settle out. Potentially Significant Impact Unless Mitigated: Groundwater Quality Percolation of detention basin discharges to surface water and groundwater could adversely affect groundwater quality by causing a violation of any water quality standards or waste discharge requirements, or by substantially degrading water quality. Finding Consistent with CEQA, Public Resources Code Section 21081, changes or alterations have been required in, or incorporated into, the Project, which mitigate or avoid the significant environmental effects on the environment as identified in the Final Program EIR. Facts in Support of Finding The significant effect has been avoided or mitigated to a level that is less than significant by adoption of the following mitigation measure as identified in the Final Program EIR. SACommunity Development \DEV PMTS \S P \11 -North Park \Environmental \050412 Draft Findings.doc 71 000090 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact Mitigation Measure Final Program EIR Section 3.8: Hydrology and Water Quality 6. A combination of grass swales and centrifugal separators or Best Management Practices of equivalent or superior effectiveness shall be employed with the detention basins in the project design that demonstrate compliance with all applicable groundwater quality policies and regulations. Prior to the issuance of a grading permit, calculations shall be provided to the satisfaction of the City Engineer to demonstrate project compliance. Devices shall be tested after installation and corrective actions shall be taken for non - performing devices. CULTURAL AND PALEONTOLOGICAL RESOURCES Potentially Significant Impact Unless Mitigated: Prehistoric Archaeological Sites There are 26 identified archaeological sites within the Specific Plan site; 12 sites have the potential to be directly or indirectly impacted by Project implementation: CA -VEN -509, -1130, - 1131, -1134, -1135, -1137, -1138, -1140, -1143, -1146, -1148, and -1149. Construction activities related to the road have the potential to result in adverse impacts to cultural resources, especially those in site CA -VEN -1584. Finding Consistent with CEQA, Public Resources Code Section 21081, changes or alterations have been required in, or incorporated into, the Project, which mitigate or avoid the significant environmental effects on the environment as identified in the Final Program EIR. Facts in Support of Finding The significant effect has been avoided or mitigated to a level that is less than significant by adoption of the following mitigation measures as identified in the Final Program EIR. Mitigation Measures Final Program EIR Section 3.9: Cultural and Paleontological Resources Prior to all earthmoving activities in the vicinity of archaeological resources (note: confidential archaeological mapping is on file at the City of Moorpark), the project applicant shall provide written evidence to the City of Moorpark Community Development Director or designated representative that a County - certified archaeologist has been retained, shall be present at the pregrading meeting, shall establish procedures for archaeological resource surveillance, and shall establish, in cooperation with the City or landowner, procedures for temporarily halting or redirecting work to permit the sampling, identification, and evaluation of any artifacts found, as appropriate. Prior to the issuance of a grading permit, archaeological procedures shall the incorporated as a note on the grading plan cover sheet. If additional or unexpected archaeological features are discovered, the archaeologist shall report such findings to the City of Moorpark Community Development Director or designated representative. If the archaeological resources are found to be significant, the archaeological observer shall determine appropriate actions, in cooperation with the City, for exploration and /or SACommunity Development\DEV PMTS \S P \11 -North Park \Environmental\050412 Draft Findings.doc 72 000091 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact salvage. The archaeologist shall submit a follow -up report to the City of Moorpark Community Development Department, which shall include the period of inspection, an analysis of any artifacts found, and the present repository of the artifacts. Excavated finds shall be offered to the County of Ventura and /or designee, on a first refusal basis. If the artifacts are refused, the landowner may retain said finds if written assurance is provided that they will be properly preserved in the County, unless said finds are of special significance, or a museum in the County of Ventura indicates a desire to study and /or display them at this time, in which case items shall be donated to the City or designee. If no such assurance is provided by the landowner, the City shall retain the artifacts and shall be subject to the same stipulations set forth in this mitigation measure for disposition of artifacts. These actions, as well as final mitigation and disposition of the resources, shall be subject to the approval of the City of Moorpark Community Development Director or designated representative. In accordance with California Health and Safety Code Section 7050.5, if human remains are found, no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains shall occur until the County Coroner has determined the appropriate treatment and disposition of the human remains. The County Coroner shall make such determination within two working days of notification of discovery. The County Coroner shall be notified within 24 hours of the discovery. If the County Coroner determines that the remains are or believed to be Native American, the County Coroner shall notify the Native American Heritage Commission in Sacramento within 24 hours. In accordance with California Public Resources Code Section 5097.98, the Native American Heritage Commission must immediately notify those persons it believes to be the most likely descended from the deceased Native American. The descendents shall complete their inspection within 24 hours of notification. The designated Native American representative would then determine, in consultation with the property owner, the disposition of the human remains. 2. Prior to tentative tract map approval for tract directly or indirectly affecting archaeological sites CA -VEN -509, -1130, -1131, -1134, -1135, -1137, -1138, -1140, -1143, -1146, -1148, and -1149, these archaeological sites shall be mitigated to a less than significant level. This shall be accomplished through implementation of one of the following mitigation options: a. Relocation of grading boundaries /fuel modification zones to completely avoid disturbance to the site(s). Should the boundary relocation be infeasible, an archaeological monitor shall be present during grading and fuel modification brush clearance in the vicinity of archaeological resources (note: confidential archaeological mapping is on file at the City of Moorpark). Fencing or stakes shall be erected outside of the sites to visually depict the areas to be avoided during construction. Or, if avoidance /preservation is not feasible, then: b. Prior to grading in the vicinity of archaeological resources (note: confidential archaeological mapping is on file at the City of Moorpark), Phase III data recovery (salvage excavations) shall be conducted for these archaeological sites or any other sites within the potential impact area of development that cannot be avoided. The Phase III work shall provide sufficient scientific information to fully mitigate the impacts of development on these sites and be performed in accordance with standards of the State Office of Historic Preservation. SACommunity Development \DEV PMTS \S P \11 -North Park \Environmental \050412 Draft Findings.doc 73 00009.12 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact In accordance with California Health and Safety Code Section 7050.5, if human remains are found, no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains shall occur until the County Coroner has determined the appropriate treatment and disposition of the human remains. The County Coroner shall make such determination within two working days of notification of discovery. The County Coroner shall be notified within 24 hours of the discovery. If the County Coroner determines that the remains are or believed to be Native American, the County Coroner shall notify the Native American Heritage Commission in Sacramento within 24 hours. In accordance with California Public Resources Code Section 5097.98, the Native American Heritage Commission must immediately notify those persons it believes to be the most likely descended from the deceased Native American. The descendents shall complete their inspection within 24 hours of notification. The designated Native American representative would then determine, in consultation with the property owner, the disposition of the human remains. 3. Prior to the issuance of a grading permit for the roadway alignment associated with the proposed Moorpark College SR -118 interchange associated with the North Park Specific Plan project, a County- certified archaeologist shall be retained by the City of Moorpark, at the expense of the project applicant, to perform a Phase II subsurface test -level investigation and surface collection for CA -VEN -1584. The test -level report evaluating the site shall include a discussion of the site's significance (depth, nature, condition, and extent of the resources), and final mitigation recommendations and cost estimates, if required to fully mitigate significant impacts. Should the Phase II subsurface test -level investigation and surface collection determine the potential presence of significant subsurface resources, CA -VE -1584 shall be mitigated to a less than significant level through the implementation of one of the following mitigation options: a. Relocation of grading boundaries /fuel modification zones to completely avoid disturbance to the site(s). Should the boundary relocation be infeasible, an archaeological monitor shall be present during grading and fuel modification brush clearance in the vicinity of archaeological resources (note: confidential archaeological mapping is on file at the City of Moorpark). Fencing or stakes shall be erected outside of the sites to visually depict the areas to be avoided during construction. Or, if avoidance /preservation is not feasible, then: b. Prior to grading in the vicinity of archaeological resources (note: confidential archaeological mapping is on file at the City of Moorpark), Phase III data recovery (salvage excavations) shall be conducted for these archaeological sites or any other sites within the potential impact area of development that cannot be avoided. The Phase III work shall provide sufficient scientific information to fully mitigate the impacts of development on these sites and be performed in accordance with standards of the State Office of Historic Preservation. Excavated finds shall be offered to the County of Ventura, or designee, on a first refusal basis. If the artifacts are refused, the landowner may retain said finds if written assurance is provided that they will be properly preserved in the County of Ventura, unless said finds are of special significance, or a museum in the County of Ventura indicates a desire to study and /or display them at this time, in which case items shall be donated to the City or designee. If no such assurance is provided by the landowner, the SACommunity Development \DEV PMTS \S P \11 -North Park \Environmental\050412 Draft Findings.doc 74 000093 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact City shall retain the artifacts and shall be subject to the same stipulations set forth in this mitigation measure for disposition of artifacts. Final mitigation shall be carried out based upon the report recommendations and a determination as to the site's disposition by the City of Moorpark Community Development Department based on the recommendations of a County- certified archaeologist. Possible determinations include, but are not limited to, preservation, salvage, partial salvage, or no mitigation necessary. In accordance with California Health and Safety Code Section 7050.5, if human remains are found, no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains shall occur until the County Coroner has determined the appropriate treatment and disposition of the human remains. The County Coroner shall make such determination within two working days of notification of discovery. The County Coroner shall be notified within 24 hours of the discovery. If the County Coroner determines that the remains are or believed to be Native American, the County Coroner shall notify the Native American Heritage Commission in Sacramento within 24 hours. In accordance with California Public Resources Code Section 5097.98, the Native American Heritage Commission must immediately notify those persons it believes to be the most likely descended from the deceased Native American. The descendents shall complete their inspection within 24 hours of notification. The designated Native American representative would then determine, in consultation with the property owner, the disposition of the human remains. 4. In order to reduce indirect impacts from increased human presence on preserved archaeological sites outside of the development area, a program to limit human access shall be implemented prior to occupancy of residential units anywhere on the Specific Plan site. The plan shall be developed and implemented by the project applicant and approved by a County- certified archaeologist familiar with the resources present at the Specific Plan site. The plan shall include one or more of the following: a. Fencing and /or other access - restriction methods around archaeologically sensitive areas of the Specific Plan site to inhibit human access, or b. Planting of non - invasive plant species with thorns or other characteristics in areas close to known resource to discourage human presence, or c. Capping of known resources, in consultation with a County - certified archaeologist. Potentially Significant Impact Unless Mitigated: Paleontological Resources Implementation of the Project would have a potentially significant impact on paleontological resources during construction (i.e., brushing, grading, trenching, and other earthmoving activities) and increased accessibility resulting in unauthorized fossil collecting and removal. Finding Consistent with CEQA, Public Resources Code Section 21081, changes or alterations have been required in, or incorporated into, the Project, which mitigate or avoid the significant environmental effects on the environment as identified in the Final Program EIR. SACommunity Development \DEV PMTS \S P \11 -North Park \Environmental \050412 Draft Findings.doc 75 00-0094 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact Facts in Support of Finding The significant effect has been avoided or mitigated to a level that is less than significant by adoption of the following mitigation measures as identified in the Final Program EIR. Mitigation Measures Final Program EIR Section 3.9: Cultural and Paleontological Resources 5. Prior to the approval of grading plans for any subdivision, planned residential development permit, or conditional use permit requiring grading, a soils report shall be submitted to the Community Development Director for review and approval identifying the types of soils that will be exposed to grading /disturbance activities. Paleontological resource requirements shall be incorporated as a note on the grading plan cover sheet. For most grading activities, a qualified paleontologist shall be retained by the property owner or the City of Moorpark, at the expense of the project applicant, to monitor, and, if necessary, salvage scientifically significant fossil remains during grading operations. The duration of these inspections shall be determined by the paleontologist and shall depend on the sensitivity of the rock units, the rate of excavation, and the abundance of fossils. The duration shall be determined by: a. Grading activities in geologic units of high paleontological sensitivity shall require full - time monitoring by a qualified paleontologist. b. Geologic units of low or moderate paleontological sensitivity shall require part-time monitoring. If significant fossils are observed during grading, full -time monitoring shall be implemented. c. The paleontologists shall have the power to temporarily divert or direct grading efforts to allow for evaluation and any necessary salvage of exposed fossils. d. Monitoring may be reduced if the potentially fossiliferous units described in this assessment are not present subsurface or, if present, are determined upon exposure and examination by qualified paleontological personnel to have low potential to contain fossil resources. 6. During paleontological studies, matrix samples for microvertebrates shall be collected and processed. Recovered specimens shall be prepared to a point of identification and permanent preservation, including washing sediments to recover small vertebrates or invertebrates, and curated in a qualified museum repository with permanent retrievable storage. The paleontologist shall have a written repository agreement prior to the initiation of mitigation activities. These remains shall be donated to an institution with a research and /or educational interest in the materials such as the Los Angeles County Museum of Natural History. 7. Prior to the conclusion of grading activities for any subdivision, a final report summarizing findings, including an itemized inventory and contextual stratigraphic data, shall accompany the fossils to the designated repository with an additional copy sent to the City of Moorpark Community Development Director or designated representative. Locations of recorded fossil deposits shall remain confidential and shall be disclosed only on a "need -to- know" basis. The report and inventory, when submitted, would SACommunity Development\DEV PMTS \S P \11 -North Park\Environmenta1\050412 Draft Findings.doc 76 V00095 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact signify completion of the program to mitigate impacts to paleontological resources for that subdivision. PUBLIC SERVICES AND UTILITIES Potentially Significant Impact Unless Mitigated: High Fire Hazard Area and Increased Demand for Fire Protection Services The Specific Plan site is located in a high fire hazard area. The Project would introduce people into previously undeveloped areas and trails would extend through the northern portion of the site. As a result, the potential for human - induced fires would increase, resulting in a significant impact. The estimated response time to the Specific Plan site would exceed the VCFPD response goal, resulting in a significant impact. The Project would cumulative contribute to the need for additional fire protection service. With implementation of an additional fire station on or within the vicinity of the Specific Plan site, no significant cumulative impacts are anticipated. Finding Consistent with CEQA, Public Resources Code Section 21081, changes or alterations have been required in, or incorporated into, the Project, which mitigate or avoid the significant environmental effects on the environment as identified in the Final Program EIR. Facts in Support of Finding The significant effect has been avoided or mitigated to a level that is less than significant by inclusion of project design features, standard conditions and requirements, and adoption of the following mitigation measures as identified in the Final Program EIR. Project Design Features Final Program EIR Section 3.10: Public Services and Utilities • A minimum 200 - foot -wide fuel modification zone from the buildable pad along the northern portion of the site contiguous to the Nature Preserve. The fire station site identified in the approved Specific Plan will be offered for dedication to the Ventura County Fire Protection District (VCFPD). If the VCFPD determines that another site within the boundaries of the Specific Plan site or outside of the Specific Plan site is preferable, an alternative site could be offered for dedication upon the consent of the applicant. The location and development of a fire station would be subject to and implemented in accordance with an agreement between the VCFPD, the City of Moorpark, and the project applicant. An emergency services helispot will be provided in the Specific Plan planning area. The purpose of this facility is to provide a location for firefighting helicopters to land and fill with water or fuel during emergency operations. It will be constructed in an area mutually agreed upon by the City of Moorpark, the VCFPD, and the project applicant. No private or commercial use of the facility would be permitted. SACommunity Development\DEV PMTS \S P \11 -North Park \Environmental \050412 Draft Findings.doc 77 00009G North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact The Development Agreement between the City of Moorpark and the project applicant identifies the terms through which the Specific Plan project would reimburse the City for any property tax revenues lost through the property tax agreement with the County of Ventura associated with and at the time of annexation of the site to the City. These revenues would be available to the City of Moorpark for city services related to the project. Standard Conditions and Requirements Final Program EIR Section 3.10: Public Services and Utilities The project applicant shall pay to the City of Moorpark capital improvement, development, and processing fees at the rate and amount in effect at the time the fee is required to be paid. Said fees shall include but not be limited to Library Facilities Fees, Police Facilities Fees, Fire Facilities Fees, entitlement processing fees, and plan check and permit fees for buildings and public improvements. All structures adjacent to open space shall be designed to satisfy at least a one -hour fire - resistant rating. Such structures shall incorporate fire retardant features such as boxed -in eaves, reduced overhangs, double paned windows, convection resistant roof design, non - combustible roofing material, and related design features, as set forth in the City of Moorpark Building Code. Building permits shall not be issued until review of fire retarding architectural features has been completed by the City of Moorpark Building Department. Design standards meeting City of Moorpark Building Department criteria shall be included in the Fire Hazard Reduction Program and incorporated into the Fire Hazard Reduction Design Guidelines for the residential units. During all grading and site clearance activities, all earthmoving equipment shall be equipped with spark arrestors and at least two portable fire extinguishers per vehicle. All equipment used in the vegetation clearance phase shall be equipped with spark arrestors and best available fire safety technology. The vegetation clearance activities shall be coordinated with and approved by the VCFPD. • Prior to the issuance of building permits, the applicant shall be required to comply with all VCFPD design requirements regarding hydrant locations, fire ratings for building materials, fuel modification requirements, fee payments for pro -rata cumulative impacts and other standard fire safety requirements. Mitigation Measures Final Program EIR Section 3.10: Public Services and Utilities —Fire Protection 1. Prior to approval of the first final map, the project applicant shall enter into an agreement with the Ventura County Fire Protection District (VCFPD) and City of Moorpark establishing the timing and funding for the provision of fire protection facility(ies) and infrastructure requirements of the Specific Plan project. 2. Prior to the approval of the first final map, the project applicant shall retain a certified fire management professional to prepare a Fire Hazard Reduction Program; this program shall be prepared in consultation with the VCFPD and the project biologist with expertise in native plants, and shall be approved by the City of Moorpark Community Development Director. Said program will be developed by the project applicant, but shall be SACommunity Development\DEV PMTS \S P \11 -North Park \Environmental \050412 Draft Findings.doc 78 000097 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact maintained by an entity(ies), such as a homeowners' association, assessment district, or similar entity, that can assure adequate fire hazard reduction management throughout the lifetime of the project. The program shall apply to all lands within 200 feet of the residences (or as amended by the certified fire professional based on fuel modification factors acceptable to the VCFPD. The program shall include, at a minimum, a vegetation management program focusing on the continued management of highly combustible vegetation while allowing for the retention of oak trees, providing defensible space, and the control of invasive non - native species. One component of the program shall be the permanent establishment of fuel modification zones to the standards of the VCFPD for all structures adjacent to open space areas with native vegetation. Residential building pads shall be set back a minimum 100 feet from any protected biological resource. The fuel modification zone shall be designed by and planted under the supervision of a landscape architect with expertise in native plant materials and habitat restoration. Native and non - native low -fuel vegetation materials shall be provided as replacement vegetation. The program shall include specific guidelines as to the frequency of maintenance (e.g., weed abatement), allowable species for planting, responsibility of clearing public and private zones, and irrigation requirements or restrictions. The timing and funding for the provision of the vegetation management program would be subject to and implemented in accordance with an agreement with the VCFPD. Potentially Significant Impact Unless Mitigated: Minor Crime Activity During Proiect Construction Construction Activities: During construction, the Project could cause a temporary rise in minor crimes, such as trespassing, vandalism, and petty theft, which is considered a short-term significant impact. Finding Consistent with CEQA, Public Resources Code Section 21081, changes or alterations have been required in, or incorporated into, the Project, which mitigate or avoid the significant environmental effects on the environment as identified in the Final Program EIR. Facts in Support of Finding The significant effect has been avoided or mitigated to a level that is less than significant by adoption of the following mitigation measure as identified in the Final Program EIR. Mitigation Measures Final Program EIR Section 3.10: Public Services and Utilities — Police Protection Prior to the initiation of grading, a construction security service shall be established at the construction site along with other measures, as identified by the Moorpark Police Department and the Community Development Department, to be instituted during the grading and construction phase. Potentially Significant Impact Unless Mitigated: Increased Demand for Law Enforcement Services SACommunity Development \DEV PMTS \S P \11 -North Park \Environmental \050412 Draft Findings.doc 79 000008 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findinqs of Fact Due to the size of the Specific Plan site, the average response time is anticipated to increase. Residential and non - residential uses would result in an increase in calls, increased demand for services and require additional police staffing and /or equipment in order to maintain adequate service levels throughout the City. The Project's incremental demand for services would require additional police staffing and /or equipment in order to maintain adequate service levels throughout the City. Finding Consistent with CEQA, Public Resources Code Section 21081, changes or alterations have been required in, or incorporated into, the Project, which mitigate or avoid the significant environmental effects on the environment as identified in the Final Program EIR. Facts in Support of Finding The significant effect has been avoided or mitigated to a level that is less than significant by inclusion of project design features and standard conditions and requirements as identified in the Final Program EIR. Project Design Features Final Program EIR Section 3.10: Public Services and Utilities — Police Protection The Development Agreement between the City of Moorpark and the project applicant identifies the terms through which the Specific Plan project would reimburse the City for any property tax revenues lost through the property tax agreement with the County of Ventura associated with and at the time of annexation of the site to the City. These revenues would be available to the City of Moorpark for city services related to the project. Standard Conditions and Requirements Final Program EIR Section 3.10: Public Services and Utilities — Police Protection • The applicant shall pay to the City of Moorpark capital improvement, development, and processing fees at the rate and amount in effect at the time the fees are required to be paid. Said fees shall include but not be limited to Library Facilities Fees, Police Facilities Fees, Fire Facilities Fees, entitlement processing fees, and plan check and permit fees for buildings and public improvements. Prior to issuance of building permits, the Police Department shall review development plans for the incorporation of defensible space concepts to reduce demands on police services. To the degree feasible, public safety planning recommendations shall be incorporated into the project plans. The applicant shall prepare of list of project features and design components that demonstrate responsiveness to defensible space design concepts. Review and approval by the Police Department of all defensible space design features incorporated into the project shall occur prior to initiation of the building plan check process. SACommunity Development \DEV PMTS \S P \11 -North Park \Environmental \050412 Draft Findings.doc 80 00,0099 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact Less Than Significant Impact: Increased Demand for Potable Water Service Although no significant impacts have been identified, the project applicant will be required to comply with standard conditions and requirements. Finding Consistent with CEQA, Public Resources Code Section 21081, changes or alterations have been required in, or incorporated into, the Project, which mitigate or avoid the significant environmental effects on the environment as identified in the Final Program EIR. Facts in Support of Finding The significant effect has been avoided or mitigated to a level that is less than significant by inclusion of standard conditions and requirements as identified in the Final Program EIR. Standard Conditions and Requirements Final Program EIR Section 3.10: Public Services and Utilities - Potable Water • The applicant shall comply with all pertinent County of Ventura Public Works Department water and sewer connection regulations implemented by the County of Ventura Public Works Department Waterworks District No. 1. Prior to Final Map recordation of any phase, the City of Moorpark, Calleguas Municipal Water District, and Ventura County Waterworks District No. 1 shall approve final plans for water distribution. The applicant shall either construct the required distribution facilities or enter into an agreement with the Calleguas Municipal Water District and /or Waterworks District No.1 stating when and how facilities will be funded and constructed. The system shall be designed and constructed to meet the requirements of the proposed land uses and applicable City of Moorpark, Calleguas Municipal Water District, and Waterworks District No.1 standards. Less Than Significant Impact: Recycled Water Service Although no significant impacts have been identified, the project applicant will be required to comply with standard conditions and requirements. Finding Consistent with CEQA, Public Resources Code Section 21081, changes or alterations have been required in, or incorporated into, the Project, which mitigate or avoid the significant environmental effects on the environment as identified in the Final Program EIR. Facts in Support of Finding The significant effect has been avoided or mitigated to a level that is less than significant by inclusion of project design features and standard conditions and requirements as identified in the Final Program EIR. SACommunity Development \DEV PMTS\S P \11 -North Park \Environmenta1\050412 Draft Findings.doc / X `: 81 V 0 100 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact Project Design Features Final Program EIR Section 3.10: Public Services and Utilities — Recycled Water A recycled water system for the Specific Plan site shall be provided for irrigation purposes to ensure recycled water is available for irrigation of roadway landscaping, parks, public facilities, and other pertinent uses as a part of Phases B and C. Standard Conditions and Requirements Final Program EIR Section 3.10: Public Services and Utilities — Recycled Water • The applicant shall comply with all pertinent County of Ventura Public Works Department water and sewer connection regulations implemented by the County of Ventura Public Works Department Waterworks District No. 1. Less Than Significant Impact: Wastewater Although no significant impacts have been identified, the project applicant will be required to comply with standard conditions and requirements. Finding Consistent with CEQA, Public Resources Code Section 21081, changes or alterations have been required in, or incorporated into, the Project, which mitigate or avoid the significant environmental effects on the environment as identified in the Final Program EIR. Facts in Support of Finding The significant effect has been avoided or mitigated to a level that is less than significant by inclusion of standard conditions and requirements as identified in the Final Program EIR. Standard Conditions and Requirements Final Program EIR Section 3.10: Public Services and Utilities — Wastewater • The applicant shall comply with all pertinent County of Ventura Public Works Department water and sewer connection regulations implemented by the County of Ventura Public Works Department Waterworks District No. 1. • The applicant shall be responsible for the construction of all onsite and offsite sanitary sewer faculties and connections required to serve the project. The applicant shall enter into an agreement with Ventura County Waterworks District No. 1 to construct the improvements and the system shall be dedicated to Waterworks District No. 1 for maintenance. Less Than Significant Impact: Solid Waste Disposal Although no significant impacts have been identified, the project applicant will be required to comply with County and state mandated requirements for the reduction of solid waste. SACommunity DevelopmentOEV PMTS \S P \11 -North Park \Env4ronmental \050412 Draft Findings.doc 82 000101L North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact Finding Consistent with CEQA, Public Resources Code Section 21081, changes or alterations have been required in, or incorporated into, the Project, which mitigate or avoid the significant environmental effects on the environment as identified in the Final Program EIR. Facts in Support of Finding The significant effect has been avoided or mitigated to a level that is less than significant by inclusion of project design features and standard conditions and requirements as identified in the Final Program EIR. Project Design Features Final Program EIR Section 3.10: Public Services and Utilities —Solid Waste Disposal • Where feasible, use recycled building materials (such as fences, wheel block, benches, roofing, and siding materials) in commercial and public facilities buildings. Provide educational materials to each new resident and to schools demonstrating recycling and composting of landscape materials. Grass recycling, portable chipping, onsite composting, and reuse of trimmings, drip irrigation systems, and use of efficient fertilizers and other landscape components. • Construct residential units with built -in recycling and trash separation areas. Standard Conditions and Requirements Final Program EIR Section 3.10: Public Services and Utilities —Solid Waste Disposal Prior to approval of the final map, a Solid Waste Management Plan shall be prepared and submitted to the City's Community Services Department Analyst responsible for Solid Waste Management Programs for review and approval. This plan, which shall include specific measures to reduce the amount of refuse generated by construction of the proposed project, shall be developed in consultation with the City of Moorpark Community Services Department to meet waste reduction requirements established by the California Integrated Waste Management Act of 1989. Less Than Significant Impact: Energy —Gas and Electricity Although no significant impacts have been identified, the project applicant will be required to comply with standard conditions and requirements. Finding Consistent with CEQA, Public Resources Code Section 21081, changes or alterations have been required in, or incorporated into, the Project, which mitigate or avoid the significant environmental effects on the environment as identified in the Final Program EIR. SACommunity Development \DEV PMTS \S P \11 -North Park \Environmenta1\050412 Draft Findings.doc 83 0����. North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findinqs of Fact Facts in Support of Finding The significant effect has been avoided or mitigated to a level that is less than significant by inclusion of the following mitigation measure as identified in the Final Program EIR. Mitigation Measure Final Program EIR Section 3.10: Public Services and Utilities- Energy 3. Prior to the issuance of the first building permit, the applicant shall demonstrate to the City of Moorpark that all North Park Specific Plan structures have been designed and shall be constructed to be at least 20 percent more energy efficient than required by the energy efficiency standards of the State Building Code, Title 24, California Code of Regulations, Part 6- California Energy Efficiency Standards for Residential and Nonresidential Buildings). Potentially Significant Impact Unless Mitigated: Increased Demand on Schools Implementation of the Specific Plan Project would significantly impact school facilities through the generation of 1,155 students. Finding Consistent with CEQA, Public Resources Code Section 21081, changes or alterations have been required in, or incorporated into, the Project, which mitigate or avoid the significant environmental effects on the environment as identified in the Final Program EIR. Facts in Support of Finding The significant effect has been avoided or mitigated to a level that is less than significant by inclusion of project design features and standard conditions and requirements as identified in the Final Program EIR. Project Desiqn Features Final Program EIR Section 3.10: Public Services and Utilities - Schools An 18 -acre elementary school site shall be conveyed to the Moorpark Unified School District as a part of Phase A of the Specific Plan project. Standard Conditions and Reauirements Final Program EIR Section 3.10: Public Services and Utilities - Schools The project applicant shall pay school fees to the Moorpark Unified School District pursuant to the requirements established in California Government Code Section 65995. The amount of fees to be paid will be determined based on the established State formula for determining construction costs. Applicable fees shall be paid prior to the issuance of each building permit. The mitigation provided by the applicant may exceed the requirements established in California Government Code Section 65995 through the S: \Community Development \DEV PMTS \S P\11 -North Park \Environmental \050412 Draft Findings.doc 84 000103 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findinas of Fact provisions of a mitigation agreement between the applicant and the Moorpark Unified School District. PUBLIC HEALTH AND SAFETY Potentially Significant Impact Unless Mitigated: Potential Presence of Hazardous Materials Accumulations of miscellaneous debris scattered in the eastern portion of the site in the Oak Park Oil Field area may include hazardous materials that may require appropriate disposal. Bullet casings from the shooting range may have resulted in lead in the shallow soils, creating a potentially significant impact. Potential exposure to asbestos or lead during demolition activities on the Project site would be a significant impact. Finding Consistent with CEQA, Public Resources Code Section 21081, changes or alterations have been required in, or incorporated into, the Project, which mitigate or avoid the significant environmental effects on the environment as identified in the Final Program EIR. Facts in Support of Finding The significant effect has been avoided or mitigated to a level that is less than significant by inclusion of standard conditions and requirements and adoption of the following mitigation measures as identified in the Final Program EIR. Standard Conditions and Requirements Final Program EIR Section 3.11: Public Health and Safety Prior to the issuance of the first grading permit, the developer shall indicate in writing to the City of Moorpark, the disposition of any oil or groundwater wells that may exist within the project site boundaries. If any wells are designated for abandonment, or if future construction of any structure over or proximate to previously abandoned wells could result in a hazard to health or the environment (Cal. Pub. Res. Code §3208.1), such wells must be abandoned or re- abandoned pursuant to requirements set forth in Ventura County Ordinance Nos. 2372 or 3991, and applicable regulations of the California Division of Oil, Gas, and Geothermal Resources (DOGGR). • Prior to the issuance of the first grading permit, the applicant shall have prepared and submitted for review and approval by the City of Moorpark, the necessary investigation, including a "Phase II" investigation, to determine if the prior operation of all active and abandoned onsite oil wells and pipelines caused any contamination of the subsurface soil or groundwater. A work plan for this investigation must be approved by the City prior to its initiation. The Phase II investigation shall include a soil sampling and soil gas sampling program to identify any potential contamination, including contamination due to any unmapped pipelines, sumps, or disposal areas. If such contamination is discovered, the applicant shall comply with all applicable laws, rules, and regulations concerning the reporting, analysis, and, if necessary, remediation of any such contamination, which laws and regulatory requirements are based on the extent and nature of any contamination discovered. The applicant shall comply with the above laws and regulations concerning the abandonment of the oil wells and any necessary remediation SACommunity Development\DEV PMTS \S P\11 -North Park \Environmenta1\050412 Draft Findings.doc 85 0010$ V Z North Park Village and Nature Preserve Specific Plan Final Program EIR No, 2001 -01 Draft Findings of Fact of any surface and subsurface contamination with respect to property that it owns in the Specific Plan area (including the Specific Plan area and the area for the access road and freeway interchange that is outside the Specific Plan area) and, if feasible and necessary to satisfy the conditions of project approval, with respect to any property in the development area that the developer does not own. • If any hazardous waste is encountered during the construction of this project, all work in the immediate vicinity of hazardous waste shall be immediately stopped and the Ventura County Environmental Health Department, the Fire Department, the Sheriffs Department, and the City Construction Observer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. A site health and safety plan, which meets California Occupational Safety and Health Administration (Cal /OSHA) requirements, shall be prepared and in place prior to commencing work on any contaminated sites. The applicant, through its contractor, shall ensure proper implementation of the health and safety plan. Demolition activities involving asbestos materials are subject to the National Emissions Standards for Hazardous Air Pollutants (NESHAP) regulations as listed in the Code of Federal Regulations (40 CFR Park 61, Subpart M). These regulations require an inspection or survey of the site that is to be demolished to determine whether asbestos materials are present. Demolition activities are also subject to Ventura County Air Pollution Control District (VCAPCD) Rule 62.7, Asbestos, Demolition and Renovation. Compliance with VCAPCD Rule 62.7 is adequate to ensure that all asbestos entrainment will not cause a significant adverse impact (source: Ventura County Air Quality Assessment Guidelines, November 2000). Mitigation Measures Final Program EIR Section 3.11: Public Health and Safety Any significant soil staining associated with oil operations on the project site shall be mitigated prior to the issuance of the first grading permit as follows: soils that contain total petroleum hydrocarbons (TPH) in concentrations below the action level may be left in place, provided that the soils do not contain other hazardous materials. The Ventura County Environmental Health Department (VCEHD) shall be contacted regarding regulations on clean -up levels for naturally- occurring crude oil. All areas where oil wells, pipelines, or other activities where crude oil may have spilled within the project site, including the area for the access road and freeway interchange shall be evaluated and all contaminated soils shall be treated or disposed of in accordance with all applicable regulatory guidelines under the VCEHD's Voluntary Cleanup Program and any other applicable regulations. 2. All sumps and spill containment areas located within the Specific Plan development area shall be identified and sampled to determine the types and concentrations of the contaminants present, if any. If contaminants are encountered, the vertical and lateral extent of contamination shall be assessed before a remediation alternative can be selected. Soils stained only with crude oil and containing total petroleum hydrocarbons (TPH) in concentrations below the action level established by the local lead regulatory agency may be left in place or used as fill materials. Offsite disposal may be required for soils contaminated with heavy metals, solvents, or other substances. SACommunity Development\DEV PMTS \S P \11 -North Park \Environmenta1\050412 Draft Findings.doc 86 000 -1.05 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact 3. The presence of an active oil field, including oil wells, sumps, and associated tanks, suggests that methane may be present in soil vapor beneath the site. Because grading can affect methane concentrations, a comprehensive methane gas assessment shall be completed post - grading in these areas to determine if, and the extent to which, methane mitigation measures (vapor barriers, active or passive venting, etc.) would be required prior to or during construction. Measures shall be implemented, if required, based on methane concentrations, if detected, based on regulatory requirements. 4. Natural oil seep areas shall be avoided, if feasible, during grading operations to minimize the spread of the related petroleum hydrocarbons into the surrounding soil. 5. To determine the nature and extent of potential lead contamination in the soils around the area of the shooting range, limited baseline sampling of the shallow soils and analysis for lead prior to the start of grading operations shall be performed. If contamination is present, the soil shall be removed and transported to an appropriate waste disposal facility, in accordance with current regulatory guidelines. 6. In the event unidentified, obvious, or suspected hazardous materials, contamination, underground tanks, or other features or materials that could present a threat to human health or the environment are discovered during construction, such activities shall cease immediately until evaluated by a qualified professional. Work shall not continue until appropriate actions recommended by the professional have been implemented to demonstrate that contaminant concentrations do not exceed risk -based criteria. Potentially Significant Impact Unless Mitigated: High Fire Hazard Area Because the Specific Plan site is located in a high fire hazard area, the Project could have a significant fire hazard impacts on the surrounding area. Finding Consistent with CEQA, Public Resources Code Section 21081, changes or alterations have been required in, or incorporated into, the Project, which mitigate or avoid the significant environmental effects on the environment as identified in the Final Program EIR. Facts in Support of Finding The significant effect has been avoided or mitigated to a level that is less than significant by inclusion of project design features and standard conditions and requirements and the adoption of the following mitigation measures as identified in the Final Program EIR. Project Design Features Final Program EIR Section 3.10: Public Services and Utilities —Fire Protection A minimum 200 - foot -wide fuel modification zone from the buildable pad along the northern portion of the site contiguous to the Nature Preserve. • The fire station site identified in the approved Specific Plan will be offered for dedication to the Ventura County Fire Protection District ( VCFPD). If the VCFPD determines that another site within the boundaries of the Specific Plan site or outside of the Specific Plan site is preferable, an alternative site could be offered for dedication upon the consent of SACommunity Development \DEV PMTS \S P \11 -North Park \Environmental \050412 Draft Findings.doc 87 0 () 0 lj North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findinqs of Fact the applicant. The location and development of a fire station would be subject to and implemented in accordance with an agreement between the VCFPD, the City of Moorpark, and the project applicant. An emergency services helispot will be provided in the Specific Plan planning area. The purpose of this facility is to provide a location for firefighting helicopters to land and fill with water or fuel during emergency operations. It will be constructed in an area mutually agreed upon by the City of Moorpark, the VCFPD, and the project applicant. No private or commercial use of the facility would be permitted. The Development Agreement between the City of Moorpark and the project applicant identifies the terms through which the Specific Plan project would reimburse the City for any property tax revenues lost through the property tax agreement with the County of Ventura associated with and at the time of annexation of the site to the city. These revenues would be available to the City of Moorpark for city services related to the project. Standard Conditions and Requirements Final Program EIR Section 3.10: Public Services and Utilities —Fire Protection • The project applicant shall pay to the City of Moorpark capital improvement, development, and processing fees at the rate and amount in effect at the time the fee is required to be paid. Said fees shall include but not be limited to Library Facilities Fees, Police Facilities Fees, Fire Facilities Fees, entitlement processing fees, and plan check and permit fees for buildings and public improvements. All structures adjacent to open space shall be designed to satisfy at least a one -hour fire - resistant rating. Such structures shall incorporate fire retardant features such as boxed -in eaves, reduced overhangs, double paned windows, convection resistant roof design, non - combustible roofing material, and related design features, as set forth in the City of Moorpark Building Code. Building permits shall not be issued until review of fire retarding architectural features has been completed by the City of Moorpark Building Department. Design standards meeting City of Moorpark Building Department criteria shall be included in the Fire Hazard Reduction Program and incorporated into the Fire Hazard Reduction Design Guidelines for the residential units. • During all grading and site clearance activities, all earthmoving equipment shall be equipped with spark arrestors and at least two portable fire extinguishers per vehicle. All equipment used in the vegetation clearance phase shall be equipped with spark arrestors and best available fire safety technology. The vegetation clearance activities shall be coordinated with and approved by the Ventura County Fire Protection District. • Prior to the issuance of building permits, the applicant shall be required to comply with all Ventura County Fire Protection District design requirements regarding hydrant locations, fire ratings for building materials, fuel modification requirements, fee payments for pro -rata cumulative impacts and other standard fire safety requirements. SACommunity Development \DEV PMTS \S P \11 -North Park \Environmental \050412 Draft Findings.doc $$ 000:100 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact Mitigation Measures Final Program EIR Section 3.10: Public Services and Utilities —Fire Protection 1. Prior to approval of the first final map, the project applicant shall enter into an agreement with the Ventura County Fire Protection District (VCFPD) and City of Moorpark establishing the timing and funding for the provision of fire protection facility(ies) and infrastructure requirements of the Specific Plan project. 3. Prior to the approval of the first final map, the project applicant shall retain a certified fire management professional to prepare a Fire Hazard Reduction Program; this program shall be prepared in consultation with the VCFPD and the project biologist with expertise in native plants, and shall be approved by the City of Moorpark Community Development Director. Said program will be developed by the project applicant, but shall be maintained by an entity(ies), such as a homeowners' association, assessment district, or similar entity, that can assure adequate fire hazard reduction management throughout the lifetime of the project. The program shall apply to all lands within 200 feet of the residences (or as amended by the certified fire professional based on fuel modification factors acceptable to the VCFPD. The program shall include, at a minimum, a vegetation management program focusing on the continued management of highly combustible vegetation while allowing for the retention of oak trees, providing defensible space, and the control of invasive non - native species. One component of the program shall be the permanent establishment of fuel modification zones to the standards of the VCFPD for all structures adjacent to open space areas with native vegetation. Residential building pads shall be set back a minimum 100 feet from any protected biological resource. The fuel modification zone shall be designed by and planted under the supervision of a landscape architect with expertise in native plant materials and habitat restoration. Native and non - native low -fuel vegetation materials shall be provided as replacement vegetation. The program shall include specific guidelines as to the frequency of maintenance (e.g., weed abatement), allowable species for planting, responsibility of clearing public and private zones, and irrigation requirements or restrictions. The timing and funding for the provision of the vegetation management program would be subject to and implemented in accordance with an agreement with the VCFPD. Potentially Significant Impact Unless Mitigated: San Joaquin Valley Fever Activities for the Project would expose construction workers and others to San Joaquin Valley Fever spores, if present in soil within the Project area. Finding Consistent with CEQA, Public Resources Code Section 21081, changes or alterations have been required in, or incorporated into, the Project, which mitigate or avoid the significant environmental effects on the environment as identified in the Final Program EIR. Facts in Support of Finding The significant effect has been avoided or mitigated to a level that is less than significant by adoption of the following mitigation measures as identified in the Final Program EIR. SACommunity Development \DEV PMTS \S P \11 -North Park \Environmental \050412 Draft Findings.doc 89 000-108 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact Mitigation Measures Final Program EIR Section 3.11: Public Health and Safety 7. Work crews shall use respirators during project clearing, grading, and excavation operations, in accordance with California Division of Occupational Safety and Health regulations. 8. The cabs of grading and construction equipment shall be air - conditioned. 9. Construction roads shall be paved, when possible, to reduce fugitive dust and potential exposure to the fungus attributable to San Joaquin Valley Fever; or the access road into the project site shall be paved or treated with environmentally -safe dust control agents. 10. Where acceptable to the Ventura County Fire Protection District, weed growth shall be controlled by mowing instead of discing, thereby leaving the ground undisturbed; a mulch covering shall also be used when possible. 5.0 FINDINGS OF FACT IN SUPPORT OF FINDINGS FOR IMPACTS THAT CANNOT BE MITIGATED TO A LEVEL CONSIDERED LESS THAN SIGNIFICANT The purpose of this section is to present the findings, and facts in support thereof, concerning those Project - related impacts that, despite the implementation of project design features, standard conditions and requirements, and mitigation measures, cannot be reduced to a level considered less than significant. The following sets forth all significant effects of the Alternative A Project that remain significant and unavoidable after mitigation. LAND USE AND RELATED PLANNING PROGRAMS Unavoidable Significant Impact: Loss of Farmland of Local Importance and Grazing Land Project implementation (Phase A and Buildout) would result in the loss of all onsite Farmland of Local Importance (approximately 167 acres) as designated by the California Department of Conservation Farmland Mapping and Monitoring Program. Farmland of Local Importance is located in the central portion of the Specific Plan site. As a result of countywide and statewide losses of farmland and grazing lands, the Project's contribution to this loss is significant on a Project- specific and cumulative basis. Avoidance of Farmland of Local Importance is not considered feasible; therefore, the loss of this resource is a significant, unavoidable impact. Approximately 3,403 acres of the Property are designated as Grazing Land under the Farmland Mapping and Monitoring Program. At Buildout, the Project would displace all existing agricultural use (grazing) through the development of the site with urban land uses. Cattle grazing would not be permitted in the Nature Preserve because of its adverse impacts on biological resources. Therefore, the termination of agricultural use (grazing) of the site is a significant unavoidable impact. Finding Specific economic, legal, technological, or other considerations, including the provision of employment opportunities for highly trained workers, make infeasible the Project alternatives identified in the Final Program EIR that would reduce this impact to a less -than significant level. SACommunity Development\DEV PMTS \S P \11 -North Park \Environmental \050412 Draft Findings.doc 90 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findinas of Fact Facts in Support of Finding The significant effect cannot be reduced to a level less than significant as there is no feasible project- specific mitigation available. The unavoidable effect is considered acceptable when balanced against the facts set forth in the Statement of Overriding Considerations. AESTHETICS AND VISUAL RESOURCES Unavoidable Significant Impact: Changes to Visual Character of Site The Project would significantly alter the landscape visible in visual simulations 1 and 2. Existing vacant land in the southern /central viewshed area would be developed with residential, commercial, institutional, recreational, and open space uses that would be visible. Specific Plan implementation would have a significant impact to this viewshed. On a cumulative level, changes to the visual character of the site shown in visual simulations 1, 2, and 3 would be considered significant, cumulative impacts. Existing views of the site from the northern trail system would be significantly impacted by Specific Plan site development. Findings Changes or alterations have been required in, or incorporated into, the Project which substantially lessened the significant environmental effect as identified in the Final Program EIR. Specific economic, legal, technological, or other considerations, including the provision of employment opportunities for highly trained workers, make infeasible the Project alternatives identified in the Final Program EIR that would reduce this impact to a less -than significant level. Facts in Support of Finding The significant effect has been substantially lessened but cannot be reduced to a level less than significant by inclusion of project design features, standard conditions and requirements, and adoption of the following mitigation measures as identified in the Final Program EIR. The unavoidable effect is considered acceptable when balanced against the facts set forth in the Statement of Overriding Considerations. Project Desiqn Features Final Program EIR Section 3.2: Aesthetics and Visual Resources • To the extent allowable by other agencies, all infrastructure shall be placed below grade to avoid visually prominent facilities. • The North Park Specific Plan includes a 2,123 -acre Nature Preserve. • No new oil exploration or drilling would be permitted in development areas on the Specific Plan site. Existing wells in development areas will be capped. Standard Conditions and Requirements Final Program EIR Section 3.2: Aesthetics and Visual Resources SACommunity Development \DEV PMTS \S P \11 -North Park \Environmental \050412 Draft Findings.doc 91 000-AL 10 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact The Community Development Director and City Engineer shall review and approve the project's conformance with contour grading concept design consistent with recommendations in the City's Hillside Management Ordinance and City Council Resolution No. 2000 -1874. Grading permits shall not be issued until 40 -scale grading plans have been developed that incorporate contour grading techniques. The project shall be constructed in accord with approved grading plans. Prior to the issuance of a Zoning Clearance for grading, the applicant shall submit a complete Landscape Plan, together with specifications and a separate Maintenance Plan. The Landscape Plan shall encompass all areas required to be planted consistent with the conditions of approval and the adopted Mitigation Monitoring and Reporting Program and shall incorporate the recommendations of the biological resources mitigation program and Fire Hazard Reduction Program. The Landscape Plan shall be reviewed by the City of Moorpark Landscape Architect consultant and approved by the Community Development Director prior to Zoning Clearance for grading permit, or first Final Map approval, whichever occurs first. Mitigation Measures Final Program EIR Section 3.2: Aesthetics and Visual Resources Prior to the approval of any final tract maps, a detailed landscape plan shall be reviewed and approved by the City of Moorpark Community Development Department. The plan shall be prepared and certified by a restoration ecologist or licensed landscape architect with expertise in native plant materials and habitat restoration, and shall comply with Community Development standard plans, adopted planned community regulations, and Standard Conditions of Approval. 2. All concrete structures, such as drainage ditches, detention basins, rip -rap, crib walls, swales, or curbs, located in natural areas shall be constructed with colored concrete to blend with the surrounding terrain. 3. Above -grade infrastructure such as water tanks, water lines, etc. shall be painted with a color approved by the City of Moorpark Community Development Department and the County of Ventura Water and Sanitation Services Division so as to blend in with surrounding terrain. Landscaped berms shall be provided around the tanks to further screen the view of the tanks from surrounding areas, as determined necessary by the Community Development Director. Final Program EIR Section 3.6: Biological Resources 4. A total of 534 trees will be impacted by Phase A and an additional 175 trees by Buildout. The project shall be designed to avoid trees to the greatest extent practicable. If this impact cannot be avoided, an inventory of oak trees on the proposed development site shall be updated by an arborist approved by the City of Moorpark Community Development Director prior to the removal of oak trees on the Specific Plan site. The inventory shall record the location and size of individual oak and walnut trees that are 9.5 inches diameter at breast height (dbh) or larger including dead or dying trees on the proposed development site. The inventory shall also include the dbh, height, canopy SACommunity Development\DEV PMTS \S P \11 -North Park\Environmental \050412 Draft Findings.doc 92 00014 .&.A.. North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact width, aesthetic rating, health rating, number of trunks, and appraisal value of each oak tree. Prior to grading, orange snow fencing shall be installed around trees (outside the dripline) that would not be impacted by construction. Fencing shall be in place and inspected by the project biologist prior to commencement of grading. This fencing shall remain in place throughout construction in the vicinity of the fenced trees until the Community Development Director determines that the fences can be removed without placing the trees in jeopardy of damage from construction. As stated in Moorpark Municipal Code 12.12.070 (f), "The Director of Community Development, or his or her designee, shall cause an appraisal of the value of said trees to be prepared in accordance with Section 12.12.050C. The resulting value shall be applied to upgrading the size of tree plantings associated with the project." The replacement of coast live oak trees shall occur at a minimum 3:1 ratio based on the appraisal value of the trees as set forth in Municipal Code 12.12.070 (f). Oak trees relocated into landscape areas of the Specific Plan site shall not count toward meeting the mitigation obligation of the project. The Landscape Arch itecVd esig ner for the project shall design these replacement trees into the Specific Plan site to replace the habitat of removed woodlands. The habitat shall be reviewed by a qualified biologist and must be comparable to the removed woodland. Planting specification shall consider the following: a. Newly planted trees shall be planted above grade and maintained for five years, including irrigation, weed control, herbivore protections, and replacement. b. Amending the backfill soil with wood shavings, oak leaf -mold, etc. is not recommended when existing soil is high in natural organic matter with a sandy loam texture, unless recommended by the project biologist. c. Recommendations for the need of planting amendments and drainage systems shall be based on soil tests of this project and approved by the City. d. Any City approved work within the driplines of saved trees, including branch removal, shall be under the inspection of a qualified arborist. e. Landscaping requiring irrigation shall not be planted within the dripline of oaks due to the susceptibility of native oaks to root rot caused by excessive unseasonable irrigation. The design and installation of landscape irrigation systems outside the dripline of the oaks shall be such that the area within the dripline is not wetted during operation of the system. In addition, surface runoff from impermeable surfaces shall be directed away from oaks; where natural topography has been altered, provisions should be made for drainage away from trunks of oaks so that water shall not pond or collect within the dripline of any oak. SACommunity Development \DEV PMTS \S P \11 -North Park \Environmental \050412 Draft Findings.doc Vb o J..-t. ti North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact Unavoidable Significant Impact_: Topographical /Land Use Chanaes The short-term changes to the Specific Plan site related to grading and development of urban uses would result in significant impacts. Grading activities would result in topographical changes to the site. Findings Changes or alterations have been required in, or incorporated into, the Project which substantially lessened the significant environmental effect as identified in the Final Program EIR. Specific economic, legal, technological, or other considerations, including the provision of employment opportunities for highly trained workers, make infeasible the Project alternatives identified in the Final Program EIR that would reduce this impact to a less -than significant level. Facts in Support of Finding The significant effect has been substantially lessened but cannot be reduced to a level less than significant by inclusion of standard conditions and requirements and adoption of the following mitigation measures as identified in the Final Program EIR. The unavoidable effect is considered acceptable when balanced against the facts set forth in the Statement of Overriding Considerations. Standard Conditions and Requirements Final Program EIR Section 3.2: Aesthetics and Visual ResourcesThe Community Development Director and City Engineer shall review and approve the project's conformance with contour grading concept design consistent with recommendations in the City's Hillside Management Ordinance and City Council Resolution No. 2000 -1874. Grading permits shall not be issued until 40 -scale grading plans have been developed that incorporate contour grading techniques. The project shall be constructed in accord with approved grading plans. Mitigation Measures Final Program EIR Section 3.2: Aesthetics and Visual Resources Prior to the approval of any final tract maps, a detailed landscape plan shall be reviewed and approved by the City of Moorpark Community Development Department. The plan shall be prepared and certified by a restoration ecologist or licensed landscape architect with expertise in native plant materials and habitat restoration, and shall comply with Community Development standard plans, adopted planned community regulations, and Standard Conditions of Approval. 2. All concrete structures, such as drainage ditches, detention basins, rip -rap, crib walls, swales, or curbs, located in natural areas shall be constructed with colored concrete to blend with the surrounding terrain. 3. Above -grade infrastructure such as water tanks, water lines, etc. shall be painted with a color approved by the City of Moorpark Community Development Department and the County of Ventura Water and Sanitation Services Division so as to blend in with SACommunity Development \DEV PMTS \S P \11 -North Park \Environmental\050412 Draft Findings.doc 94 0 () 0JL�.3 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findinos of Fact surrounding terrain. Landscaped berms shall be provided around the tanks to further screen the view of the tanks from surrounding areas, as determined necessary by the Community Development Director. Unavoidable Significant Impact: Increased Night Lighting Increases in light can be expected to significantly affect the ambient evening light level in and around the Specific Plan site on a project- specific and cumulative level. Findings Changes or alterations have been required in, or incorporated into, the Project which substantially lessened the significant environmental effect as identified in the Final Program EIR. Specific economic, legal, technological, or other considerations, including the provision of employment opportunities for highly trained workers, make infeasible the Project alternatives identified in the Final Program EIR that would reduce this impact to a less -than significant level. Facts in Support of Finding The significant effect has been substantially lessened but cannot be reduced to a level less than significant by inclusion of project design features and standard conditions and requirements as identified in the Final Program EIR. The unavoidable cumulative effect is considered acceptable when balanced against the facts set forth in the Statement of Overriding Considerations. Project Design Features Final Program EIR Section 3.2: Aesthetics and Visual Resources • A graded site and access road will be provided for the future relocation of the Moorpark College Observatory to the North Park Nature Preserve. Standard Conditions and Requirements Final Program EIR Section 3.2: Aesthetics and Visual Resources All commercial, industrial, institutional, and multi - family residential projects shall have the lighting system and its components incorporated into the project and approved by the City of Moorpark Lighting Engineer prior to the issuance of a building permit for the project. Each lighting plan shall incorporate electrical plans and structural plans which detail the provision of lighting systems for exteriors of all buildings, parking lots, loading areas, walkways, public use areas, public art displays, fountains, or landscape areas (source: Moorpark Municipal Code §17.30.060). All lighting along the perimeter of natural areas, particularly street lights, shall be downcast luminaries and shall be shielded and oriented in a manner that will prevent spillage or glare into the remaining natural and open space areas. Final lighting orientation and design shall be to the satisfaction of the City Engineer and Director of Community Development. All lighting proposed shall be consistent with Chapter 17.30 of the Municipal Code. • Prior to final inspection or issuance of a certificate of occupancy, where applicable, the City of Moorpark Lighting Engineer shall cause to be performed a photometric field SACommunity Development\DEV PMTS \S P\11 -North Park \Environmenta1\050412 Draft Findings.doc 95 0 0 0'.1-1. 4 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact inspection of the approved lighting system for the project. The inspection shall verify the proper construction and installation of materials within the approved plan, determine the actual light patterns and values through light meter testing and observation, and determine the extent of any errant lighting. Deviations and /or violations shall be corrected prior to the final clearance for the project (source: Moorpark Municipal Code §17.30.080; Ord. 266 §2 (part), 1999). TRANSPORTATION AND CIRCULATION Unavoidable Significant Impact: Unmitigated Intersection Impacts at Spring Road at High Street Under Circulation Option B The Specific Plan (Phase A With Buildout) will generate 22,734 average daily trips (ADT) with 1,395 a.m. and 2,364 p.m. peak hour trips. Phase A will generate 8,264 ADT with 653 a.m. and 1,087 p.m. peak hour trips. Buildout will generate 14,734 ADT with 876 a.m. and 1,277 p.m. peak hour trips. Circulation Option B assumes that the SR -118 arterial bypass is constructed only from Spring Road to its western termination at Los Angeles Avenue. In other words, the segment between the SR -118 freeway and Spring Road is not assumed to be constructed by 2020. Without a continuous North Hills Parkway (Circulation Option B), the volume increase on Los Angeles Avenue caused by SR -118 through traffic would result in the need for further improvements along Los Angeles /New Los Angeles Avenue, including improvements to the intersection of Spring Road at High Street. Improvement to the intersection of Spring Road at High Street would require the widening of High Street to four lanes. This is not considered a feasible improvement because of the existing geometrics of the intersection, topography, and resulting property acquisition that would be required. Finding Changes or alterations have been required in, or incorporated into, the Project which substantially lessened the significant environmental effect as identified in the Final Program EIR. Specific economic, legal, technological, or other considerations, including the provision of employment opportunities for highly trained workers, make infeasible the Project alternatives identified in the Final Program EIR that would reduce this impact to a less -than significant level. Facts in Support of Finding The significant effect under Circulation Option B has been substantially lessened but cannot be reduced to a level less than significant by inclusion of standard conditions and requirements and the adoption of mitigation measures as identified in the Final Program EIR. The unavoidable effect is considered acceptable when balanced against the facts set forth in the Statement of Overriding Considerations. Standard Conditions and Requirements Final Program EIR Section 3.3: Transportation and Circulation • For all residential, commercial, and industrial entitlement permits, the applicant shall provide, where feasible and appropriate: A. Transit stop improvements, including but not limited to bus pullouts, bus pads or shelters, as required by the decision - making body or other agency; SACommunity Development\DEV PMTS \S P\11 -North Park\Environmental \050412 Draft Findings.doc 96 000-045 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact B. Safe and convenient access for pedestrians and bicyclists from the external circulation system to onsite buildings or internal street/sidewalks (source: Moorpark Municipal Code §17.48.010). • As a condition of the issuance of a building permit for each residential unit, the developer shall pay the City of Moorpark a traffic mitigation fee ( "Citywide Traffic Fee "). The Citywide Traffic Fee may be expended by City in its sole and unfettered discretion. Prior to issuance of a building permit, the developer shall pay to the City of Moorpark the Area of Contribution (AOC) Fees for Los Angeles Avenue AOC. The developer shall also contribute to any cumulative traffic fee program adopted by the City prior to issuance of the first residential building permit for the project. AOC fees shall be those that are in effect at the time of building permit issuance. In addition to the AOC fees, the developer shall be required to make similar pro -rata contributions to any other traffic mitigation related pre- construction impact fees approved by the City Council to offset the long term effects on the City's street system. If the residential portion of the project is constructed prior to any such additional mitigation fee programs being adopted, for impacts to intersections outside of the Los Angeles Avenue AOC, a proportionate share of future improvement costs shall be collected for locations where project traffic has a measurable effect on cumulative traffic volumes. The City Traffic Engineer and Community Development Director shall determine the required contributions prior to issuance of building permits. Fees shall be paid prior to the issuance of these permits. • The applicant of the North Park Specific Plan project shall pay County of Ventura Traffic Impact Mitigation Fees to fund roadway and highway improvements on County facilities resulting in significant impacts to roadways in unincorporated Ventura County. The Specific Plan site is located within County Land Use District 4. Mitigation Measures Final Program EIR Section 3.3: Transportation and Circulation 3. The project applicant shall fund its pro -rata share of the costs of improvements to the City of Moorpark intersections indicated in Table 3.3 -26 of the Final Program EIR. TABLE 3.3 -26 SHORT -RANGE (2007) WITH PHASE A TRANSPORTATION MITIGATION PROGRAM SACommunity Development \DEV PMTS \S P \11 -North Park \Environmenta1\050412 Draft Findings.doc 97 Fair Share Improvement Location Improvement Requirement Roadway Improvements Los Angeles Avenue Widen to six lanes from Spring Road to Moorpark Avenue 2% Intersection Improvements 4. Collins Dr. at Campus Park Convert NBR to free NBR, convert 2nd EBT to EBR, add 2nd 9% Drive WBL, and modify signal to provide EBR overlap with NBL 7. Collins Dr. at SR -118 Convert WBR to free WBR 4% westbound ramps 8. Collins Dr. at SR -118 Signalize 4% eastbound ramps /Los Angeles Avenue SACommunity Development \DEV PMTS \S P \11 -North Park \Environmenta1\050412 Draft Findings.doc 97 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact 4. The project applicant shall fund its pro -rata share of the costs of improvements to the City of Moorpark intersections indicated in Table 3.3 -27 of the Final Program EIR. SACommunity Development\DEV PMTS\S P \11 -North Park \Environmental\050412 Draft Findings.doc 9$ 0C)O LPL i Fair Share Improvement Location Improvement Requirement 10. Tierra Rejada Rd. at Los Add 2nd SBT and modify signal to provide NBR overlap with 1 % Angeles Avenue WBL 12. Spring at Los Angeles Ave. Add 2nd SBL and 3rd WBT, convert 2nd EBL to 3rd EBT and 2% convert NBR to shared 2nd NBT /NBR 13. Science Dr. /Miller Pkwy. Add 2nd WBL, convert 2nd NBL to shared NBL/NBT, convert 3% at New Los Angeles Ave. NBT to 2nd NBR, convert SBT to shared SBL/SBT, and modify signal to provide N/S split phasing and to provide NBR overlap with WBL 21. Miller Pkwy. /Moorpark Modify signal to provide SBR overlap with EBL and EBR 2% Road at Tierra Rejada Rd. overlap with NBL 23. SR -23 southbound ramps at Convert SBL to shared SBL/SBR 2% Tierra Rejada Rd. NBL: northbound left -turn lane NBT: northbound through lane NBR: northbound right -turn lane Note: These abbreviations also apply to southbound, eastbound, and westbound movements Source: North Park Village Specific Plan Traffic Analysis, Austin -Foust Associates, Inc., May 2003. 4. The project applicant shall fund its pro -rata share of the costs of improvements to the City of Moorpark intersections indicated in Table 3.3 -27 of the Final Program EIR. SACommunity Development\DEV PMTS\S P \11 -North Park \Environmental\050412 Draft Findings.doc 9$ 0C)O LPL i North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findinos of Fact TABLE 3.3 -27 LONG -RANGE (2020) WITH SPECIFIC PLAN BUILDOUT TRANSPORTATION MITIGATION PROGRAM FREEWAY TRAFFIC Unmitigated Significant Impact: SR -118 and SR -23 Freeway Mainline Segments With Phase A, the following SR -118 freeway mainline segments will operate at an unacceptable level of service (LOS F): • East of Princeton Drive eastbound and westbound • East of Collins Drive, eastbound and westbound With Specific Plan Buildout, the following SR -118 freeway mainline segments will operate at an unacceptable level of service (LOS F): • North of New Los Angeles Avenue, northbound and southbound • East of Princeton Drive, eastbound and westbound • East of Moorpark College, eastbound and westbound S: \Community Development\DEV PMTS \S P \11 -North Park \Environmenta1050412 Draft Findings.doc 99 Fair Share Improvement Location Improvement Requirement Roadway Improvements Los Angeles Avenue Widen to six lanes from Moorpark Avenue to Gabbert Road/ 1 -2% Tierra Rejada Road, and widen to four lanes from Gabbert Road/Tierra Rejada Road to west of the City limits North Hills Parkway Construct as four -lane arterial from the eastern boundary of 4 -5% the Hitch Ranch Specific Plan site to Spring Road, and as a six -lane arterial from Spring Road to SR -118 Spring Road Widen to four lanes from Peach Hill Rd to Tierra Rejada Road <1% Intersection Improvements 8. Collins Dr. at SR -118 Convert WBT to shared WBT/WBR 4% eastbound ramps /Los Angeles Avenue 10. Tierra Rejada Rd. at Los Add 2nd NBT <1% Angeles Avenue 11. Moorpark Ave. at Los Convert WBR to shared 3rd WBT/WBR and modify signal to 2% Angeles Avenue eliminate WBR overlap with SBL 23. SR -23 southbound ramps at Add 3rd WBT 2% Tierra Rejada Rd. 31. Spring Rd. at North Hills New intersection: signalize and provide NBL, dual NBT, NBR, 4% Parkway dual SBL, dual SBT, EBL, 3 EBT, WBL, 3 WBT, WBR, NBR overlap with WBL and WBR overlap with SBL NBL: northbound left -turn lane NBT: northbound through lane NBR: northbound right -turn lane Note: These abbreviations also apply to southbound, eastbound, and westbound movements Source: North Park Village Specific Plan Traffic Analysis, Austin -Foust Associates, Inc., May 2003. FREEWAY TRAFFIC Unmitigated Significant Impact: SR -118 and SR -23 Freeway Mainline Segments With Phase A, the following SR -118 freeway mainline segments will operate at an unacceptable level of service (LOS F): • East of Princeton Drive eastbound and westbound • East of Collins Drive, eastbound and westbound With Specific Plan Buildout, the following SR -118 freeway mainline segments will operate at an unacceptable level of service (LOS F): • North of New Los Angeles Avenue, northbound and southbound • East of Princeton Drive, eastbound and westbound • East of Moorpark College, eastbound and westbound S: \Community Development\DEV PMTS \S P \11 -North Park \Environmenta1050412 Draft Findings.doc 99 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact • East of Madera Road, eastbound and westbound • East of First Street, eastbound and westbound • East of Erringer Road, eastbound and westbound • East of Sycamore Road, eastbound and westbound With programmed SR -118 improvements, the Project would not impact the following freeway mainline segments: • North of New Los Angeles Avenue, northbound and southbound • East of Moorpark College, eastbound and westbound • East of Erringer Road, eastbound • East of Sycamore Road, eastbound and westbound With Specific Plan Buildout, the following SR -23 freeway mainline segment will operate at an unacceptable level of service (LOS F): • South of New Los Angeles Avenue, northbound With programmed SR -23 improvements, the Project would not impact this freeway mainline segment. Finding Specific economic, legal, technological, or other considerations, including the provision of employment opportunities for highly trained workers, make infeasible the Project alternatives identified in the Final Program EIR that would reduce this impact to a less -than significant level. Facts in Support of Finding The significant effect cannot be reduced to a level less than significant as there is no feasible project- specific mitigation available. The unavoidable effect is considered acceptable when balanced against the facts set forth in the Statement of Overriding Considerations. BIOLOGICAL RESOURCES Unmitigated Significant Impact: Loss of Raptor Foraging Habitat The development area provides high quality foraging habitat for raptors, including special status raptor species. The loss of native grassland and non - native grassland (Phase A and Buildout), which is high quality foraging habitat, contributes to an ongoing regional and local loss of foraging and nesting habitat for these special status raptor species. This impact is significant. Findings Changes or alterations have been required in, or incorporated into, the Project which substantially lessened the significant environmental effect as identified in the Final Program EIR. Specific economic, legal, technological, or other considerations, including the provision of SACommunity Development \DEV PMTS \S P \11 -North Park \Environmenta1\050412 Draft Findings.doc 100 000_Ly9 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact employment opportunities for highly trained workers, make infeasible the Project alternatives identified in the Final Program EIR that would reduce this impact to a less -than significant level. Facts in Support of Finding The significant effect has been substantially lessened but cannot be reduced to a level less than significant by inclusion of project design features and the adoption of the following mitigation measure as identified in the Final Program EIR. The unavoidable effect is considered acceptable when balanced against the facts set forth in the Statement of Overriding Considerations. Project Design Features Final Program EIR Section 3.6: Biological Resources Open Space Nature Preserve. This project design feature would offset the impacts on coastal sage scrub vegetation and native grassland vegetation. Approximately 2,123 acres of the site will be preserved as a Nature Preserve. Table 3.6 -5 of the Final Program EIR lists the acres of habitat located within the Nature Preserve. (See complete wording of the Open Space Nature Preserve project design feature above for coastal sage scrub.) A Conservation Organization shall be chosen by the City of Moorpark (in coordination with the U.S. Fish and Wildlife Service and the California Department of Fish and Game if necessitated by any regulatory permitting requirements) to manage the Nature Preserve. The project applicant shall provide a mechanism (such as a non - wasting endowment or landscape maintenance district) acceptable to both the City and Conservation Organization to fund ongoing management costs of the Conservation Organization. Mitigation Measure Final Program EIR Section 3.6: Biological Resources 9. The project has the potential to impact nesting raptors, including the white - tailed kite, northern harrier, Cooper's hawk, golden eagle, long -eared owl, and burrowing owl, as well as other common raptor species, should they nest within the Specific Plan development area. No earlier than 45 days and no later than 20 days prior to construction or grading /site preparation activities that would occur during the nesting /breeding season of native raptor species potentially nesting on the site (typically February through August), the applicant shall have a survey conducted by a qualified biologist approved by the Community Development Director to determine if active raptor nests are present in the construction zone or within 200 feet of the construction zone. A report of this field survey shall be submitted to the Community Development Director. Construction can proceed if no active raptor nests are located during this survey. If an active nest is found during the survey, a 500 -foot (this distance may be vary depending on the raptor species and construction activity, as determined by the biologist) fence barrier (subject to the review and approval of the Community Development Director) shall be erected around the nest site and clearing and construction within the fenced area shall be postponed or halted, at the discretion of the biological monitor, until the nest is vacated and juveniles SACommunity Development \DEV PMTS \S P \11 -North Park \Environmental \050412 Draft Findings.doc 101 000-1 P". North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact have fledged and are independent of the nest, as determined by the biologist, and there is no evidence of a second attempt at nesting. The biologist shall serve as a construction monitor during those periods when construction activities shall occur near active nest areas to ensure that no inadvertent impacts on these nests shall occur. Results of the raptor survey and any subsequent monitoring shall be provided to the California Department of Fish and Game and any other appropriate agency. 6.0 FINDINGS REGARDING ORIGINALLY PROPOSED PROJECT AND OTHER ALTERNATIVES A. INTRODUCTION Per CEQA Guidelines Section 15126.6(a): An EIR shall describe a range of reasonable alternatives to the project, or to the location of the project, which would feasibly attain most of the basic objectives of the project but would avoid or substantially lessen any of the significant effects of the project, and evaluate the comparative merits of the alternatives. An EIR need not consider every conceivable alternative to a project. Rather it must consider a reasonable range of potentially feasible alternatives that will foster informed decision making and public participation. An EIR is not required to consider alternatives which are infeasible. The lead agency is responsible for selecting a range of project alternatives for examination and must publicly disclose its reasoning for selecting those alternatives. There is no ironclad rule governing the nature or scope of the alternatives to be discussed other than the rule of reason. Upon analyzing Alternative A and comparing the same against the originally proposed project, the City identified Alternative A as its "preferred project" (Project)." The following summary and Findings compare the Project against the individual project alternatives identified and evaluated in the Final Program EIR (see, Section 4 of the Final Program EIR). In making the following alternatives Findings, the City Council certifies that it has independently reviewed and considered the information on alternatives provided in the Final Program EIR, including the information provided in comments on the Draft Program EIR and Recirculated Draft Program EIR that proposed other options for development and use of the Project area and the responses thereto. The Final Program EIR's discussion and analysis of these alternatives is not repeated in these Findings, but the discussion and analysis of the alternatives in the Final Program EIR is incorporated in these Findings by reference. ORIGINALLY PROPOSED PROJECT Description The originally proposed North Park Specific Plan project set forth in the Program EIR would allow for the development of 1,650 residential dwelling units on 769.7 acres of the 3,586.3 -acre site. Other proposed related and supporting uses would include a 5 -acre neighborhood commercial center, a 12 -acre school site, a 29.1 -acre public community park and two additional public parks, seven private parks, a 52 -acre publicly accessible lake; a fire station site; and a day care /other quasi public facility site. Ancillary land uses would include, but are not limited to, water reservoirs, detention basins, and a fire service helispot. The phasing and circulation assumptions for the originally proposed project and Alternative A are the same. SACommunity Development\DEV PMTS \S P \11 -North Park \Environmental \050412 Draft Findings.doc 102 V 0 0 .,1L /rr 1 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact Conclusion Although the originally proposed project would meet the objectives of the City and the project applicant, Alternative A addresses issues and environmental concerns raised by agencies and the public. As such, Alternative A represents a modification to the originally proposed project. NO PROJECT ALTERNATIVE — RETENTION OF SITE IN ITS EXISTING CONDITION Description The No Project Alternative assumes no development on the 3,544.3 -acre North Park Specific Plan site or 42 -acre access road alignment and SR -118 interchange area; the site would remain in its existing condition. The Specific Plan site is predominately undeveloped. The site contains limited site improvements to accommodate existing land uses with dirt and semi -paved roads, corrals, fences, and watering facilities for grazing animals. Onsite land uses are limited to oil extraction operations (primarily in the northern and eastern portion of the site) and cattle grazing. There is one residence on the site. This project alternative assumes that the retention of onsite structures with continued use of the site with cattle grazing and oil extraction activities; oil operations could be expanded. Conclusion The City hereby finds that specific economic, social, or other considerations make this alternative infeasible for the following reasons: This alternative maintains the project site as undeveloped site, which fails to recognize the need for increased housing in the area. The No Project Alternative does not create land uses to serve the residents of the City of Moorpark, nor does it propose to preserve any of the subject property. Although the No Project Alternative would eliminate unavoidable impacts that would occur with Alternative A (short-term and long -term changes to the site's visual character, traffic impacts associated with Option B, and loss of foraging and nesting habitat for special status raptor species), the No Project Alternative does not meet the objectives for the North Park Specific Plan site, including: General Plan Consistency: Seek an amendment to the City of Moorpark General Plan to include a Specific Plan designation for the North Park project site that is consistent with the City of Moorpark General Plan and that provides for the creation of a community comprised primarily of larger lot single - family detached homes and affordable attached and /or detached units necessary to comply with the Moorpark Housing Element. Seek Moorpark voter approval of an amendment to the City Urban Restriction Boundary (CURB) line to the General Plan Land Use Element to include the project site, exclusive of the proposed Nature Preserve within the Moorpark CURB line. Managed Nature Preserve and Open Space: Conserve environmental resources and buffer Moorpark from adjacent communities, create a conservation program which permanently preserves a large majority of the North Park planning area, and create a significant Nature Preserve and an open space program. Comprehensive Park and Recreation System: Provide a comprehensive park and recreation system throughout North Park, including the development of a large scale SACommunity DevelopmenNDEV PMTS \S P\11 -North Park \Environmental \050412 Draft Findings.doc 108 000 _1 ti� North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact community park and public neighborhood parks complemented by a series of private parks. • Recreation Lake: Provide a large -scale recreation lake designed and configured to be used by the residents of North Park and the general public. • Circulation: Plan, fund, construct, and phase an integrated circulation system that supports the planned development, serves residential needs, provides enhanced access to Moorpark College and minimizes impacts on existing residences, including the construction of a new freeway interchange on SR -118 connecting the planning area and Moorpark College. • Schools: Ensure the timely provision of public schools through the dedication of a school site within the North Park planning area, and the funding of the new school, consistent with state law requirements. • Positive Fiscal Impact: Create a Specific Plan that is capable of being implemented in manner that represents a positive financial contribution to the City of Moorpark. • Public Facilities and Safety: Ensure the provision of necessary public services and facilities that meet the City's standards, including mechanisms to assure appropriate phasing and financing of such facilities, such as: police, fire, emergency services, streets and road improvements, water, urban run -off, flood control, and sewage disposal facilities necessary to support North Park. • Water Conservation: Use water resources wisely through the application of recycled water where feasible and the implementation of water conservation measures. • Water Quality: Ensure that the project complies with all applicable non -point discharge water quality control requirements during construction and operation of the project. • Annexation: Seek annexation of the project site into the City of Moorpark, which would enable the City to locally govern the appropriate use of the property. The No Project Alternative would not provide the benefits to the City of Moorpark as set forth in the Statement of Overriding Considerations. EXISTING ZONING ALTERNATIVE: DEVELOPMENT CONSISTENT WITH COUNTY OF VENTURA LAND USE DESIGNATIONS (89 RESIDENTIAL UNITS) Description The Existing Zoning Alternative assumes that future development of the site would occur under the existing land use development assumptions established in the Ventura County General Plan and Zoning Ordinance. The County of Ventura would be the lead agency; the project site would remain in unincorporated Ventura County. The Ventura County General Plan designates the Specific Plan site as Open Space (10 acre +). The County of Ventura General Plan indicates that the smallest minimum parcel size consistent with the Open Space land use category is 10 acres. Subzones may require larger minimum parcel sizes. The minimum parcel size for Open Space properties contiguous with properties designated Agriculture is 20 acres. The County of Ventura Non - Coastal Zoning Ordinance designates the Specific Plan site Agricultural Exclusive (A -E). The minimum lot area for development in the A -E zone is 40 acres. The SACommunity Development \DEV PMTS \S P\11 -North Park \Environmental \050412 Draft Findings.doc 104 000 .1 ti3 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findims of Fact permitted uses allowed in the A -E zone without discretionary approval include: animal husbandry; crop production; retail produce stands (up to 500 square feet); accessory agricultural uses, including storage; day and residential care facilities; single - family dwellings; recreation facilities for nonmotorized wheel conveyances; dwellings, accessory uses, such as for animals, home occupations, and open storage; mineral resource development for Public Works maintenance; and temporary motion picture and television production and related activities. This alternative assumes development of the Specific Plan site under the County's General Plan and Zoning Ordinance designations for the site; no development is assumed on the 42 acres that would be used, as a part of the project, for the freeway interchange with SR -118 and the connector road. This project alternative does not assume any amendments to the County of Ventura General Plan or Zoning Map. Therefore, the 3,544.3 acres of the Specific Plan site would be developed with up to 89 residential units on 40 -acre lots. None of the other land uses assumed as a part of the project would be implemented as a part of this alternative. For example, the 2,123 -acre Nature Preserve is not a part of this alternative. While only one dwelling unit is assumed for each 40 acres of the site, this alternative would allow for the remainder of individual parcels to be used for crop production, such as orchards. It is assumed that the siting of 89 dwelling units would be accomplished in a manner to avoid land use conflicts, including existing oil wells. Conclusion The City hereby finds that specific economic, social, or other considerations make this alternative infeasible for the following reasons: This alternative is infeasible because the existing Open Space land use designation will not allow commercial uses that will create economic benefits to the City in terms of additional sales tax revenues. This alternative addresses the need for additional housing within the City of Moorpark. This alternative would only meet one of the applicant's objectives: Landform Protection: Preserve a significant portion of the planning area's steep slopes and soften the development edges of North Park through compliance with the City's Hillside Management Standards and use of contoured grading techniques, and revegetated graded areas to stabilize soils and minimize erosion. ANNEXATION /NO CURB AMENDMENT ALTERNATIVE: MARKET -RATE HOUSING DEVELOPMENT SCENARIO IF SITE IS ANNEXED TO CITY OF MOORPARK AND CURB IS NOT AMENDED (177 RESIDENTIAL UNITS) Description The Annexation /No CURB Amendment Alternative assumes annexation of the property by the City of Moorpark and development consistent with all objectives, principles, and implementation guidelines set forth in the Moorpark SOAR Initiative with a general plan designation and zoning established by the City to allow maximum permissible development of market rate housing without amending the Moorpark City Urban Restriction Boundary (Moorpark CURB) line. It also assumes development would take place as a single phase prior to the expiration of the Moorpark CURB line. The Moorpark SOAR Initiative does not prohibit annexation during its lifetime nor does it provide for automatic annexation upon its expiration. SACommunity Development \DEV PMTS \S P \11 -North Park \Environmenta1\050412 Draft Findings.doc 105 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findinqs of Fact The Moorpark CURB line is currently coterminous with and in the same location as the Sphere of Influence line and municipal boundary line. The North Park Specific Plan site is located outside of the CURB line. Consistent with Moorpark SOAR Initiative, "the City of Moorpark shall restrict urban services and urbanized uses of land to within the Moorpark CURB until December 31, 2020. 'Urbanized uses of land' is defined as any development which would require the establishment of new community sewer systems or the significant expansion of existing community sewer systems; or would result in the creation of residential lots less than 20 acres in area; or would result in establishment of commercial or industrial uses which are not exclusively agriculturally - related." With development of 1 unit per 20 acres over the entire site, exclusive of the freeway interchange with SR -118 and the connector road (3,544.3 acres), the Annexation /No CURB Amendment Alternative assumes 177 residential units could be developed. None of the other land uses assumed for the project would be implemented as a part of this alternative. The 2,123 -acre Nature Preserve is not a part of this alternative. Conclusion The City hereby finds that specific economic, social, or other considerations make this alternative infeasible for the following reasons: This alternative would result in a reduction of environmental impacts when compared to Alternative A because less intensive development would occur on the site (177 dwelling units instead of 1,680 dwelling units). This alternative would only partially fulfill the need for additional residential units in the City of Moorpark. However, this limited development on the site would not meet the project objectives: General Plan Consistency: Seek an amendment to the City of Moorpark General Plan to include a Specific Plan designation for the North Park project site that is consistent with the City of Moorpark General Plan and that provides for the creation of a community comprised primarily of larger lot single - family detached homes and affordable attached and /or detached units necessary to comply with the Moorpark Housing Element. Seek Moorpark voter approval of an amendment to the City Urban Restriction Boundary (CURB) line to the General Plan Land Use Element to include the project site, exclusive of the proposed Nature Preserve within the Moorpark CURB line. Managed Nature Preserve and Open Space: Conserve environmental resources and buffer Moorpark from adjacent communities, create a conservation program which permanently preserves a large majority of the North Park planning area, and create a significant Nature Preserve and an open space program. • Landform Protection: Preserve a significant portion of the planning area's steep slopes and soften the development edges of North Park through compliance with the City's Hillside Management Standards and use of contoured grading techniques, and revegetated graded areas to stabilize soils and minimize erosion. • Comprehensive Park and Recreation System: Provide a comprehensive park and recreation system throughout North Park, including the development of a large scale community sports park and public neighborhood parks complemented by a series of private parks. SACommunity Development\DEV PMTS \S P \11 -North Park \Environmental \050412 Draft Findings.doc 106 0001OLti � J North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findings of Fact • Recreation Lake: Provide a large scale recreation lake designed and configured to be used by the residents of North Park and the general public. • Circulation: Plan, fund, construct, and phase an integrated circulation system that supports the planned development, serves residential needs, provides enhanced access to Moorpark College and minimizes impacts on existing residences, including the construction of a new freeway interchange on SR -118 connecting the planning area and Moorpark College. • Schools: Ensure the timely provision of public schools through the dedication of a school site within the North Park planning area, and the funding of the new school, consistent with state law requirements. • Positive Fiscal Impact: Create a Specific Plan that is capable of being implemented in manner that represents a positive financial contribution to the City of Moorpark. • Public Facilities and Safety: Ensure the provision of necessary public services and facilities that meet the City's standards, including mechanisms to assure appropriate phasing and financing of such facilities, such as: police, fire, emergency services, streets and road improvements, water, urban run -off, flood control, and sewage disposal facilities necessary to support North Park. • Water Conservation: Use water resources wisely through the application of recycled water where feasible and the implementation of water conservation measures. • Water Quality: Ensure that the project complies with all applicable non -point discharge water quality control requirements during construction and operation of the project. • Annexation: Seek annexation of the project site into the City of Moorpark, which would enable the City to locally govern the appropriate use of the property. The benefits assumed as a part of Alternative A and set forth in the Statement of Overriding Considerations would not be provided with this Alternative. DESIGN ALTERNATIVE 1: DEVELOPMENT THAT INCREASES OPEN SPACE AREAS BY ELIMINATING THE LAKE (1,650 RESIDENTIAL UNITS) Description Design Alternative 1 assumes development of the site consistent with Alternative A project, with the exception of the lake. The area identified for the publicly accessible lake would be used for housing and additional open space areas. The alternative would require the same project actions as the Alternative A project. The major difference between Buildout of Design Alternative 1 and the project would be an increase in the amount of open space and redistribution of residential areas to where the lake would have been located. The limits of grading and lot sizes would be similar. Conclusion The City hereby finds that specific economic, social, or other considerations make this alternative infeasible for the following reasons: SACommunity Development \DEV PMTS \S P\11 -North Park \Environmental \050412 Draft Findings.doc 107 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findinos of Fact Design Alternative I would result in fewer environmental impacts than the Alternative A due to the elimination of the man -made lake, and is therefore considered environmentally superior to Alternative A. However, as with Alternative A, this alternative would result in the significant, unavoidable impacts: short-term and long -term changes to the site's visual character, increased traffic impacts to local roadways and freeway capacities, and loss of foraging and nesting habitat for special status raptor species. Development of the project site with Design Alternative I would meet all but one of the project objectives: Recreation Lake: Provide a large scale recreation lake designed and configured to be used by the residents of North Park and the general public. Therefore, this alternative does not assume that community benefits associated with the lake in Alternative A. DESIGN ALTERNATIVE 2: DEVELOPMENT THAT PRESERVES THE EASTERN PORTION OF THE PROJECT SITE (1,650 RESIDENTIAL UNITS) Description Design Alternative 2 would further reduce the amount of development in the eastern portion of the site and allow for residential development on vacant land (two parcels) west of the existing westerly boundary of the Specific Plan site. Therefore, the acreage associated with this alternative is larger than the project site. This alternative would require the acquisition of property not currently under the ownership of the project applicant or acceptance by the property owner to develop these parcels. These two parcels are owned by Brad M. Strathearn and Catherine A. Navarro (source: Hidden Creek Ranch Specific Plan No. 8 EIR). With respect to the eastern portion of the site, Design Alternative 2 would not include the development of Planning Area 1 or the eastern half of Planning Areas 2 and 3. This alternative would not increase the size of the Nature Preserve; although no development would occur in this area. Continued use of this area for oil production and cattle grazing is assumed. Single- family residential development would be implemented on vacant land west of the boundary of the Specific Plan site. Design Alternative 2 assumes development with 1,650 residential dwelling units, and the Project assumes the development of 1,680 residential dwelling units (the latter provides 30 additional affordable housing units). This additional westerly development area is also located in the County of Ventura. Conclusion The City hereby finds that specific economic, social, or other considerations make this alternative infeasible for the following reasons: Design Alternative 2 is not considered environmentally superior to Alternative A. The significance of environmental impacts related to biological resources associated with Design Alternative 2 would be reduced from Alternative A because of limiting development to the western portion of the project site and subsequently increasing the size of the Nature Preserve. As with Alternative A, Design Alternative 2 would result in significant, unavoidable impacts associated with short-term and long -term changes to the site's visual character, increased traffic impacts to local roadways and freeway capacities, and loss of foraging and nesting habitat for special status raptor species. The remainder of the impacts would be similar to those associated with Alternative A. SACommunity Development \DEV PMTS \S P \11 -North Park \Environmental \050412 Draft Findings.doc 108 U00i.:' i North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Findinqs of Fact This alternative meets most of the project objectives. DESIGN ALTERNATIVE 3: DEVELOPMENT WITH GREATER PRESERVATION OF COASTAL SAGE SCRUB (1,348 RESIDENTIAL UNITS) Description The intent of Design Alternative 3 is to minimize impacts to sensitive coastal sage scrub habitat while allowing comparable development and land uses assumed as a part of the Project. This alternative would allow for 1,348 residential units, which represents a reduction of 332 units ( 20 percent fewer units), when compared to the project. Of the 1,348 units assumed as a part of this alternative, 1,198 units would be single - family (compared to 1,500 units for the project) and 150 units would be multi - family affordable ; Alternative A would include 180 affordable housing units including single - family (90) and multi - family (90) units. The other land uses associated with the project are assumed with this alternative. However, some of the uses would be reconfigured to allow for the preservation of additional coastal sage scrub habitat. Large areas of coastal sage scrub are located in the north- central portion of the Specific Plan site. This alternative assumes the elimination of Planning Areas 4, 5, 28, 57, 58, and 65, and the reconfiguration of Planning Areas 2 and 59. The publicly accessible recreation lake would be reduced in size to allow for the siting of a park on the western side of the lake. As with the project, this alternative assumes that the lake would be located in the central portion of the site. Because of the reconfiguration of the limits of grading associated with Design Alternative 3 to reduce impacts to coastal sage scrub, there may be insufficient clay soil materials within the revised limits of grading to provide lining material for the lake. Up to 84,700 cubic yards of clay would need to be imported to the Specific Plan site if no onsite clay materials were accessible or usable. Conclusion The City hereby finds that specific economic, social, or other considerations make this alternative infeasible for the following reasons: Design Alternative 3 is not environmentally superior to Alternative A. The significance of biological impacts associated with Design Alternative 3 are slightly reduced from Alternative A due to the preservation of additional coastal sage scrub habitat. However, the recreational lake component of the project would also be reduced in size from Alternative A. Design Alternative 3 would result in significant, unavoidable impacts associated with the short-term and long -term changes to the site's visual character, increased traffic impacts to local roadways and freeway capacities, and loss of foraging and nesting habitat for special status raptor species, just as with Alternative A. This alternative would have an incremental decrease in the amount of vehicular traffic and associated vehicular air quality emissions and noise levels when compared to Alternative A. This alternative meets most of the project objectives. This alternative would provide for reduced residential units than Alternative A (1,198 vs. 1,590 single - family units, the latter inclusive of 90 affordable units). However, the actual density of development would be similar to the project due to the increase in preserved land. In conclusion, this alternative is not desirable due to the loss of 332 dwelling units. SACommunity Development\DEV PMTS \S P \11 -North Park \Environmental \050412 Draft Findings.doc 109 0 0 -L ti� North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Statement of Overriding Considerations ATTACHMENT A STATEMENT OF OVERRIDING CONSIDERATIONS NORTH PARK VILLAGE AND NATURE PRESERVE SPECIFIC PLAN NO. 2001 -01 PROJECT 1.0 INTRODUCTION The City of Moorpark is the Lead Agency under the California Environmental Quality Act ("CEQA" )2 for preparation, review and certification of the North Park Village and Nature Preserve Specific Plan No. 2001 -01 Final Program EIR, State Clearinghouse Number 200201114. As the Lead Agency, the City of Moorpark is responsible for determining the potential environmental impacts of the project ( "Project ") and which of those impacts are significant and unavoidable. CEQA then requires the Lead Agency to balance the benefits of a proposed project against its significant, unavoidable adverse environmental impacts in determining whether or not to approve the project. CEQA Section 21081 provides that no public agency shall approve or carry out a project for which an environmental impact report has been certified which identifies one or more significant effects on the environment that would occur if the project were approved or carried out unless the agency makes specific findings with respect to those significant environmental effects. Where a public agency finds that economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the environmental impact report, and thereby leave significant unavoidable effects, the public agency must also find that "specific overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects on the environment." In making this determination, the Lead Agency is guided by CEQA Guidelines Section 15093, which provides as follows: (a) CEQA requires the decision - making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable." (b) When the lead agency approves a project which will result in the occurrence of significant effects which are identified in the final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the final EIR and /or other information in the record. The statement of overriding considerations shall be supported by substantial evidence in the record. (c) If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the notice of determination. This statement does not substitute for, and shall be in addition to, findings required pursuant to [CEQA] Section 15091. The California Environmental Quality Act is codified at Public Resources Code Sections 21000 et seq. S:ICommunity Development)DEV PMTSIS PV'11 -North ParklEnvironmentaA050412 Draft Findings. doc -.�3 000 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Statement of Overriding Considerations Consistent with these provisions of CEQA and the CEQA Guidelines, the City of Moorpark City Council, acting as Lead Agency and having reviewed the Final Program EIR for the Project and the public record, adopts this Statement of Overriding Considerations which describes how the benefits of the Project outweigh its significant, unavoidable adverse environmental impacts. 2.0 SIGNIFICANT UNAVOIDABLE ADVERSE ENVIRONMENTAL IMPACTS Implementation of project design features, standard conditions and requirements, and mitigation measures (all as more particularly described in the Statement of Findings and Facts f"Findings'l) identified in the Final Program EIR and the Mitigation Monitoring and Reporting Program for the Project will mitigate all of the identified environmental effects to less than significant levels except for unavoidable significant project and cumulative impacts on: (a) conversion of Farmland of Local Importance; (b) changes to visual character; (c) topographical /land use changes from conversion of ungraded open space land to urban uses; (d) increased night lighting; (e) traffic impacts to the intersection of Spring Road at High Street (under the Long Range (2020), plus Specific Plan Build -Out Circulation Option B); (f) cumulative traffic impacts on SR -118 and SR -23 freeways; and (g) loss of habitat for special status raptor species. As addressed in Section 5.0 of the Findings, these impacts would be considered significant and unavoidable if the project were approved and implemented. 3.0 OVERRIDING CONSIDERATIONS Having reduced the environmental effects of the Project, having adopted the mitigation program identified in the Final Program EIR and the Mitigation Monitoring and Reporting Program, and having balanced the specific economic, legal, social, technological, and other benefits of the Project against the Project's unavoidable significant impacts, the City Council of the City of Moorpark hereby determines that the benefits of the Project outweigh the unavoidable significant impacts and that such impacts are nevertheless "acceptable," based on one or more of the following overriding considerations. NATURE PRESERVE AND OPEN SPACE SYSTEM Over 71 percent (approximately 2,558 acres) of the Specific Plan area will be set aside as a nature preserve (2,123 acres) and for open space (437 acres), as well as approximately 132 acres for parks and recreational uses inclusive of the publicly accessible lake. The Nature Preserve area (Planning Area 27), consisting of approximately 2,123 acres as shown in Specific Plan 11, provides a permanent open space system, at no public cost, for purposes of conserving, protecting, and enhancing sensitive habitats, significant landforms and scenic views, and important wildlife corridors; the system also establishes a permanent open space buffer between the cities of Moorpark and Simi Valley. Granted by deed to an entity approved by the City and Developer, the Nature Preserve would allow for the permanent provision of natural open space for public access to property currently held as private property. Additionally, the Project provides approximately 14.7 miles of public trails into the Nature Preserve that are connected to the County's Happy Camp Canyon regional trail system. PROVISION OF NEEDED HOUSING State law requires all regional councils of government, which include the Southern California Association of Governments (SCAG), to determine the existing and future housing need for its region (Government Code Section 65580 et. seq.). SCAG is also required to determine the share of need allocated to each city and county within the SCAG region. This is called the Regional Housing Needs Assessment (RHNA). SCAG's housing allocation for Ventura County S:ICommunity DevelopmenADEV PMTS PM -North ParklEnvironmentah050412 Draft Findings.doc 2 0 () 030 North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Statement of Overriding Considerations unincorporated areas and cities are divided into four affordability categories. These income categories must be considered in calculating future housing needs within a city: (a) Very Low — Less than 50 percent of the Ventura County median family income; (b) Low -50 to 80 percent of the Ventura County median family income; (c) Moderate -80 to 120 percent of the Ventura County median family income; and (d) Upper —More than 120 percent of the Ventura County median family income. The Project provides 1,680 new dwelling units, inclusive of 180 affordable housing units. With annexation of the Property into the City, the Project would make a significant contribution towards meeting the existing RHNA allocation assigned to the City. Of the 180 affordable housing units, the Project includes 90 single - family detached affordable housing units in Planning Area 9. The houses shall be sold to families whose income does not exceed 80 percent of the median income for Ventura County at the time of sale for their household size ( "Allowed Median Income "). The Developer is also providing 90 senior rental affordable units (age 55 or older) in Planning Area 49. Of the 90 units, 18 will be rented to low income tenants (80 percent of Median Income for Ventura County) and 72 units will be rented to very low income tenants (60 percent of Median Income for Ventura County). The 1,680 dwelling units will provide greater and much needed housing opportunities for individuals living and working in the City and regional area. In short, implementation of the Project will assist the City in achieving its goal of providing an adequate supply of housing for current and future residents. LOCAL AND REGIONAL TRANSPORTATION IMPROVEMENTS AND CONTRIBUTIONS Development of the Project, in combination with other cumulative traffic, will result in an increase in traffic volume within the identified traffic study area. In the absence of affirmative mitigation, said traffic volume increase would produce significant impacts upon the existing transportation network serving the Project area and other portions of the traffic study area. The Project provides for the mitigation of said impacts by obligating the Project applicant to participate, on a Fair Share basis, in the financing of certain offsite transportation system improvements. Furthermore, in order to facilitate and promote the City's timely completion and achievement of these necessary improvements, the Project provides for the following additional resource assistance to the City: • Acceleration of transportation improvements identified in the Project Conditions of Approval for the intersection of Collins Drive at Campus Park Drive. The Project applicant's Fair Share payment obligations for the transportation improvements identified in the Project Conditions of Approval for the intersection of Collins Drive at Campus Park Drive is 9 percent. All improvements, over which the City has full permit authority, will be completed prior to the City's issuance of the first grading permit for onsite development; all improvements will be completed prior to occupancy of the first residential dwelling unit. The existing level of service (LOS) at the intersection of Collins Drive at Campus Park Drive is LOS E in the a.m. peak hour and is projected to decline in the future without the Project and with cumulative growth to LOS F in the a.m. peak hour and LOS D in the p.m. peak hour. With the transportation improvements funded by the Developer for this intersection, the level of service with the Project would improve to LOS A in the a.m. and p.m. peak hours through Phase A of the Project with cumulative growth, and be at LOS B in the a.m. and p.m. peak hours with Project Buildout plus cumulative growth. S:ICommunity DevelopmenADEV PMMS R11 -North ParkWnvironmentaA050412 Draft Findings.doc 3 3 01-09.3 'L North Park Village and Nature Preserve Specific Plan Final Program EIR No. 2001 -01 Draft Statement of Overriding Considerations • Private funding and construction of the four -lane Moorpark College Road and the Moorpark College Freeway Interchange at State Route 118. RECEATIONAL FACILITIES The Project is required to dedicate 26 acres (of park land or pay in -lieu fees or a combination thereof to satisfy Quimby Act as set forth in California Government Code section 66477 et seq. The Project provides approximately 64 acres of park land, including approximately 39 acres of public park land (a 26 -acre Community Park, 9 -acre Lakeside Park, and 4.5 -acre Nature Park). The Developer will provide funding, as set forth in the Development Agreement, for improvements to the park land. Additionally, the Project provides for the creation of a 67.7 -acre publicly accessible recreation lake area, which includes a 52 -acre lake surface and 15.7 -acre lake buffer with a public lake trail. FIRE STATION The Developer is providing clear title, access, and all utilities for a 1.5 -acre site (Planning Area 23) to the Ventura County Fire Protection District ( VCFPD) for a fire station prior to issuance of the 501st building permit. The parcel will revert to the City for public use if not used by VCFPD for fire service purposes. The Developer is paying the required VCFPD Fire Impact Fee, plus additional funds as set forth in the Development Agreement to fund the construction of the fire station. Without the contribution of land and extraordinary financial contribution by the Developer, the District would not provide a fire station in the portion of the City. In addition, the Developer is providing a 2.0 -acre fire service helispot (Planning Area 24). A helispot provides a location for firefighting helicopters to land and fill with water or fuel during emergency situations.' SCHOOLS State law permits the imposition of school fees to be paid upon the issuance of building permits. At the time of the adoption of the Findings, state law caps the fees at $2.24 per square foot of new residential construction. The Moorpark Unified School District (School District) estimates that under the current fee program, the Project would pay $14,044,800 in school fees. The Developer has entered into a Memorandum of Understanding (MOU) with the School District committing the Developer and the School District to establish a Community Facilities District (CFD) on the Property to generate $76,610,000 (2005 dollars) for the purposes of school facility construction or $68,565,220 more than required by state law. The Project also provides for the conveyance of an18 -acre school site to the School District. MOORPARK COLLEGE OBSERVATORY As part of the build -out of the Specific Plan, the Moorpark College Observatory would be relocated from its existing on- campus location to a specified location within the Nature Preserve. 4.0 CONCLUSION In light of the foregoing, and in recognition of additional information contained within the Final Program EIR and other portions of the Project record, the City of Moorpark City Council concludes that implementation of the Project will result in the development of a beneficial project that will (i) expand the City's public open space and recreational facilities; (ii) facilitate the City's goal of providing new housing opportunities; (iii) improve the local transportation system; and (iv) provide for schools, parks, and other public infrastructure improvements beyond that required by the Mitigation Program. The City Council further concludes that these benefits S:ICommunity DevetopmenADEV PMTSIS PI 11 -North ParklEnvironmentaP050412 Draft Findings.doc 4 0 () () 1.49.3ti North Park Village and Nature Preserve Specific Plan Final Program E!R No. 2001 -01 Draft Statement of Overriding Considerations outweigh the significant, unavoidable environmental impacts associated with development of the Project and, accordingly, adopts this Statement of Overriding Considerations. S:ICommunity DevelopmenhDEV PMTSIS PN 1 -North ParklEnvironmentaAO50412 Draft Findings.doc 000:133